WIPPMO Draft RFP B-H.pdf

DE-SOL-0002555

WIPP Draft Solicitation

PART I – THE SCHEDULE

SECTION B

Table of Content

B.1 SERVICES BEING ACQUIRED

B.2 TRANSITION COST, ESTIMATED COST, TOTAL AVAILABLE AWARD FEE.. 1

B.3 AVAILABILITY OF APPROPRIATED FUNDS

B.4 OBLIGATION OF FUNDS

B.5 SINGLE FEE

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SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES BEING ACQUIRED

The Contractor shall, in accordance with the terms of this contract, provide the personnel, equipment, materials, supplies, and services (except as may be furnished by the Government) and otherwise do all things necessary for, or incident to, providing its best efforts so as to carry out in an efficient and effective manner all necessary and related services to manage and operate the Waste Isolation Pilot Plant (WIPP) owned by the U.S. Department of Energy (DOE), located in Carlsbad, New Mexico, as described in Section C, Performance Work Statement (PWS), or as may be directed by the Contracting Officer (CO) within the scope of this contract.

B.2 TRANSITION COST, ESTIMATED COST, TOTAL AVAILABLE AWARD FEE

B.2-1 Transition Activities

The transition activities shall be conducted during the period specified in the clause in Section F entitled “Period of Performance” and shall be performed in accordance with the clause in Section H entitled “Transition Activities” on a cost-reimbursement basis, and no fee shall be paid for these activities. The transition cost shall not exceed $____________.

B.2-2 Total Available Award Fee

(a) The total available award fee for the base period of the contract, beginning October 1 2012, and the option period, if exercised, is shown below.

PERFORMANCE PERIOD Fee Percent

Total Available Award Fee

Base Period October 1, 2012 – September 30, 2013 $ October 1, 2013 – September 30, 2014 $ October 1, 2014 – September 30, 2015 $ October 1, 2015 – September 30, 2016 $ October 1, 2016 – September 30, 2017 $ Option Period October 1, 2017 – September 30, 2018 $ October 1, 2018 – September 30, 2019 $ October 1, 2019 – September 30, 2020 $ October 1, 2020 – September 30, 2021 $ October 1, 2021 – September 30, 2022 $

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(b) All fee for this contract is performance based. There is no Base Fee for this contract. Since the total available award fee for each period has been established, there will be no negotiation of total available award fee at the beginning of each fiscal year. The total available award fee for each year is a percentage of the Annual Fee Base. The Estimated Cost and the Annual Fee Base for the Base Period and the Option Period are as follows:

Base Period Estimated

Cost** Annual Fee

Base***

October 1, 2012 through September 30, 2013 $160,117,560 $131,296,399

October 1, 2013 through September 30, 2014 $160,117,560 $131,296,399

October 1, 2014 through September 30, 2015 $160,117,560 $131,296,399

October 1, 2015 through September 30, 2016 $160,117,560 $131,296,399

October 1, 2016 through September 30, 2017 $160,117,560 $131,296,399

$800,587,800 $656,481,996

Option Period

October 1, 2017 through September 30, 2018 $160,117,560 $131,296,399

October 1, 2018 through September 30, 2019 $160,117,560 $131,296,399

October 1, 2019 through September 30, 2020 $160,117,560 $131,296,399

October 1, 2020 through September 30, 2021 $160,117,560 $131,296,399

October 1, 2021 through September 30, 2022 $160,117,560 $131,296,399

$800,587,800 $656,481,996

** Estimated Cost is defined as total estimated cost and total available award fee, including work performed through WIPP funding as well as estimated funding to be received from other DOE sites.

*** Annual Fee Base is estimated in accordance with DEAR 970.1504-1, including estimated exclusions, adjustments, and classification factors.

(c) At the end of each performance period specified above, there shall be no adjustment in the amount of the total available award fee based on differences between the annual fee base and the actual fee base resulting from performance of the work. Total Available Award Fee is subject to adjustment only under the provisions of the clause in Section I entitled FAR 52.243-2 “Changes – Cost Reimbursement”; and, for a plus or minus 15% change in the annual fee base. An adjustment in total available award fee shall not be negotiated for any amount within the plus or minus 15% change threshold from the annual fee base. If an adjustment in the total available award fee is necessary in accordance with this subparagraph, the revised total available award fee shall be calculated in accordance with the DOE fee policy in effect at the time of the adjustment multiplied by the ratio of the total available award fee specified above for the applicable performance period to which an adjustment is to be made.

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B.3 AVAILABILITY OF APPROPRIATED FUNDS

Except as may be specifically provided to the contrary in the Section I Clause DEAR 952.250-70 entitled "Nuclear Hazards Indemnity Agreement," the duties and obligations of the Government hereunder calling for the expenditure of appropriated funds shall be subject to the availability of funds appropriated by the Congress, which DOE may legally spend for such purposes.

B.4 OBLIGATION OF FUNDS

Pursuant to the Section I Clause DEAR 970.5232-4 entitled "Obligation of Funds,” the total amount obligated by the Government with respect to this contract is $ ______________.

B.5 SINGLE FEE

If the Contractor is part of a consortium, joint venture, and/or other teaming arrangement, the team shall share in this contract fee structure. Separate additional subcontractor fee shall not be considered an allowable cost under the contract if a subcontractor is a team member or, supplier, or lower-tier subcontractor is a wholly owned, majority owned, or affiliate of any team member, any fee or profit earned by such entity shall not be considered an allowable cost under this contract unless otherwise approved by the Contracting Officer.

The subcontractor fee restriction in the paragraph above does not apply to members of the Contractor’s team that are: (1) small business(es); (2) protégé firms as part of an approved mentor-protégé relationship; (3) subcontractors under a competitively awarded firm-fixed-price or firm-fixed-unit-price subcontract; or (4) commercial items as defined in FAR Subpart 2.1, Definitions of Words and Terms.

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SECTION C

PERFORMANCE WORK STATEMENT

1. CONTRACT PURPOSE

This major purpose of this contract is to operate and maintain the Waste Isolation Pilot Plant (WIPP) and to implement the DOE’s National Transuranic Waste program (NTP).

The overall mission of the WIPP and the national program is to protect human health and the environment by safe management, retrieval, characterization, transportation, and disposal of approved wastes.

2. BACKGROUND

2.1 Background: The WIPP is located in a 16 square mile (approximately 10,240 acre) site owned by the United States Department of Energy (DOE) within Southeastern New Mexico. The WIPP includes surface facilities and a geological repository located 2150 feet below the surface. The Property Protection Area (PPA) at WIPP encloses approximately 35 acres, and includes the majority of the buildings and structures. The area outside the fenced PPA consists of otherwise undeveloped, high-desert terrain. Several administrative offices are located in the city of Carlsbad, approximately 25 miles west of the

WIPP.

The DOE Carlsbad Field Office (CBFO) is responsible for administration of the contract and the NTP. The DOE Assistant Secretary for Environmental Management (EM) provides program direction to the CBFO. Sandia National Laboratories (SNL) performs for CBFO the scientific studies and computational activities associated with the long-term performance of the WIPP. Los Alamos National Laboratory Carlsbad Operations (LANL-CO) provides to CBFO technical expertise on Transuranic (TRU) waste characterization, acceptable knowledge, transportation, packaging, and inventory. The Carlsbad Technical Assistance Contractor (CTAC) provides technical support to the CBFO, with the emphasis on audits and assessments. Other national laboratories and DOE facilities are funded by the CBFO to perform specific tasks related to the WIPP mission. CBFO also contracts with other entities to support its mission.

2.2 Regulatory Basis: In 1992 Congress passed the WIPP Land Withdrawal Act

(LWA) which serves as a concise record of the steps required to establish WIPP, the major institutions involved, and basic requirements for disposal and decommissioning activities. The LWA established the Environmental Protection Agency (EPA) as the primary regulator for WIPP with responsibility for evaluating and verifying that WIPP shall safely isolate TRU waste and protect human health and the environment.

To carry out this responsibility EPA issued regulatory standards for waste containment (40 CFR 191) and WIPP specific criteria (40 CFR 194) that require DOE to provide certain information to show how the standards are being met.

The Compliance Certification Application (CCA) and the Compliance Recertification Applications (CRA) of 2004 and 2009, document WIPP’s ability

C-2 to meet EPA’s requirements for waste containment. A new CRA is required for WIPP every five years by the LWA.

The EPA certified the WIPP on May 18, 1998, and the disposal phase began on March 26, 1999, when the first shipment of waste was received. The disposal of mixed-transuranic waste was authorized with the issuance of a Hazardous Waste Facility Permit (HWFP) by the New Mexico Environment Department. This permit was originally issued on October 28, 1999 and is required to be renewed every ten years. The first permit renewal application cycle was completed with the issuance of a new permit on 30 November 2010.

The waste analysis plan, contained in the HWFP, specifies waste characterization activities to be carried out at TRU waste generator sites. TRU waste has been and shall continue to be shipped to WIPP from DOE Large Quantity Sites (LQS) and from Small Quantity Sites (SQS). Waste may be shipped inter-site for consolidation, characterization, or treatment.

TRU waste shipped to WIPP is required to be shipped in Type B packagings (shipping containers) certified by the U. S. Nuclear Regulatory Commission (NRC) and provided by the CBFO or acquired by the Contractor. The four types of packagings currently identified for WIPP are the TRUPACT-II and HalfPACT for Contact Handled TRU waste and the Remote Handled-72-B cask and the CNS 10-160 B cask for Remote-handled-TRU waste. A TRUPACT-III package has been licensed by the NRC and will be put in service in 2011.

Additionally, several new payload containers shall be deployed for disposal at WIPP such as shielded containers and Neutron/Gamma Shielded canisters.

Currently, TRU waste is shipped by truck, but may also be shipped by rail in the future. TRU waste shall be disposed of through the life of waste operations at the facility. Following the disposal phase (estimated approximately 2030), the WIPP shall enter its decommissioning phase lasting approximately five years. During this five year period, the repository shall be permanently closed.

In the post-decommissioning phase, active institutional controls will be employed for at least 100 years to prevent human intrusion into the repository.

Passive controls including permanent markers shall warn future societies of the location and hazards of the disposal site. (Note: Work to develop the designs and plans for permanent markers is expected to be initiated within the period of performance of the contract.

2.3 EM Journey to Excellence: Established in 1989, the Department of Energy’s

(DOE) Office of Environmental Management (EM) is charged with addressing the environmental legacy of over 50 years of nuclear weapons production and government sponsored research. In order to continue and build upon the momentum of the first 20 years of the EM program, and within the broader context and in support of Administration and Departmental policies, strategies, and initiatives, EM has developed the “Roadmap for EM’s Journey to Excellence” (Rev. 0, December 16, 2010). That document builds upon and integrates DOE Management Principles, EM Core Values, EM Priorities, EM’s vision, and EM’s mission by establishing four programmatic and three management-related goals, as follows:

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Programmatic Goals

Goal 1: Complete the three major tank waste treatment construction projects within the approved baselines Goal 2: Reduce the life-cycle costs and accelerate the cleanup of the Cold

War environmental legacy Goal 3: Complete disposition of 90 percent of the legacy transuranic waste by the end of 2015 Goal 4: Reduce the EM legacy footprint by 40 percent by the end of 2011, leading to approximately 90 percent reduction by 2015

Management Goals

Goal 5: Improve safety, security, and quality assurance towards a goal of zero accidents, incidents, and defects Goal 6: Improve contract and project management with the objective of delivering results on time and within cost Goal 7: Achieve excellence in management and leadership, making EM one of the best places to work in the Federal government

In the performance of this contract, the Contractor shall support and implement the following actions in furtherance of the “Roadmap for EM’s Journey to Excellence” and achievement of the above goals. Goals 3, 5 and 6 have direct relevance to this contract, in that the Contractor is expected to facilitate all activities to ship and receive waste to complete the disposition of 90 percent of legacy transuranic waste by the end of 2015. These activities are expected to be conducted safely, and meet all security/quality requirements within the projected cost and schedule. The Performance Evaluation Management Plan (PEMP) shall address contract-specific incentives associated with the Contractor’s support of the above Goals.

3. OVERALL CONTRACTOR RESPONSIBILITIES

3.1 PROGRAM MANAGEMENT

3.1.1 The Contractor shall manage, integrate, operate, and maintain the facilities, equipment and programs described in this Performance Work Statement (PWS). The Contractor shall perform the work and services in a manner that will instill public confidence in the WIPP and the National Transuranic Waste Program and meet applicable federal, state and local laws, regulations, standards, governing agreements, and permits with regulatory and oversight governmental organizations. The Contractor shall also comply with the terms and conditions of this contract and with Contracting Officer directions and approvals.

3.1.2 Pursuant to the Contract Clause entitled “Laws, Regulations, and DOE

Directives,” the Contractor shall conform to the requirements of applicable DOE Orders and Directives, which may establish management, technical, procedural or other standards, and specifications for Contractor work activities. The Orders and Directives applicable to this contract are contained in Section J.

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3.1.3 The Contractor shall be fully responsible and accountable for the safe accomplishment of all work, whether performed by its own personnel or subcontractors or other entities who perform services at the WIPP facility (e.g. vending machine suppliers, community re-use organization, etc).

The Contractor shall be responsible for planning, integrating, managing and executing the programs, projects, operations and other activities as described in this PWS such that all functions are fully integrated. To meet these requirements, the Contractor shall provide program management functions that include: environmental health, safety, and quality assurance, legal services, audit services, business systems management, human resources, property management, information resources management, record management, financial management, safeguards and security, public information and external communication activities, intergovernmental affairs, training, procurement, underground experimental support, and industrial relations.

3.1.3.1 The Contractor shall be responsible for operations, environmental compliance, safety, health and quality assurance within its own organization and its subcontractor organizations

3.1.3.2 The Contractor shall be responsible for integration of, and, as directed by the Contracting Officer, award and administration of designated subcontracts for the operation of WIPP and the National Transuranic Waste Program.

3.1.3.3 The Contractor shall develop and implement a DOE approved

Records Management Program that ensures compliance with 36 CFR, Chapter 12, Subchapter B (Records Management), DOE O 243.1 (Records Management Program), DOE O 243.2 (Vital Records) as well as the requirements listed in Section H, “Records Management,” including the management of electronic records, email and records acquired from a predecessor Contractor.

3.1.3.4 The Contractor shall operate, modify, and develop IT systems and applications in support of the execution of the work under this contract. This includes desktop computing, desktop support, network management, server management, application development and modification, and IT facility management in accordance with requirements identified in Section H, “Information Technology (IT)”.

3.1.4 The Contractor shall be responsible for all operations at the WIPP and for characterization, integration, and disposal of designated waste for the National Transuranic Waste Program. The Contractor shall participate in a coordinated approach to retrieval, remediation, packaging, characterization, and transportation activities at the associated generator sites throughout the complex and disposal activities at WIPP. The Contractor may place Retrieval and Characterization Teams (RCTs) within the complex to assist and/or perform in the efficient retrieval, C-5 remediation, packaging, characterization, and transportation of TRU waste. The Contractor shall work with generator sites to assess generator site retrieval and characterization data, budget, and technical information as necessary to facilitate planning and integration of RCT’s.

The Contractor shall develop programs, capabilities, and technologies consistent with the WIPP and National Transuranic Waste Program mission to support emerging needs of Federal and non-Federal, educational institutions and private sector partners. The Contractor shall recognize that there are objectives associated with the vision of the Government that shall be considered in the management, integration, and operation of the WIPP and in conducting TRU waste activities. These objectives include:

• Safety and Environmental Management Excellence – Protection of the employees, the public and the environment;

• Operational Efficiencies – Pursue efficiencies in waste retrieval, characterization, transportation, and disposal;

• Support to Small Quantity Sites (SQS) in the removal and disposal of TRU waste;

• Standardization Efficiencies – Improve the standardized characterization approach for application where feasible; and

• Characterize and dispose of waste as agreed upon between DOE and the Contractor.

3.1.5 The Contractor shall be responsible for maintaining the condition of the Government owned property and equipment during the term of the contract such that the intended functionality, including safety, health, and environmental compliance, for mission needs is met. This includes enhancements to maintain facility operability for until at least year 2030 and a maintenance plan that addresses planned outages, equipment replacement, facility upgrades, and facility modifications. The plan shall be furnished within 6 months of contract award and updated at least annually.

3.1.6 The Contractor shall, at the start of each fiscal year, after receipt of new fiscal year funding, modify the execution year baseline activities as necessary with the development of activity based cost documents approved by the Contractor and CBFO for the work to be performed in that fiscal year. The expected activities to occur during each contract year for Disposal Panels, CH TRU Transportation, CH TRU Waste Disposal, RH TRU Transportation, RH TRU Disposal and transportation corridors are to be defined in detail in a program planning schedule.

3.1.7 The Contractor shall utilize a Work Authorization system in accordance with DOE O 412.1A entitled, “Work Authorization System”. Work authorization and activity based cost documents and other referenced

C-6 documents shall be maintained as a conformed Work Authorization package and the status of changes shall be submitted in monthly submittals to the CBFO Contracting Officer.

3.1.8 The Contractor shall support existing Memorandum of Understandings

(MOU’s) and Memorandum of Agreements (MOA’s) and develop new MOU’s and MOA’s as required.

3.1.9 The Contractor shall, when authorized by DOE, enter into subcontracts for the performance of any part of the work required to support the DOE mission described herein. DOE may establish a threshold level under which prior approval to subcontract will not be required.

3.1.10 The Contractor shall support CBFO such as; initiatives to improve NTP activities, improve waste disposal effectiveness, demonstrate full utilization of the waste repository and implement scientific and research initiatives.

3.1.11 The Contractor shall maintain the existing or equivalent project management system for the EM program including the EM project baselines; Integrated Planning, Accountability and Budgeting System (IPABS); change control process; execution and life-cycle planning process (including standard project management handbook); the project cost-estimating system; integrated resource loaded schedules; and continued updating of an integrated site-wide baseline and critical path analyses. These processes include other WIPP participants, functional and crosscutting activities, and will include relevant activities at characterization and generator sites, including any funding sent to CBFO and the Contractor that was previously designated for generator sites.

The Contractor shall create and maintain a National TRU plan to monitor performance expectations across the complex which includes use of integrated resource loaded schedules correlated with specific delivery dates.

Contractor shall perform work that is consistent with Section H, “Project Control and Reporting Requirements” and “Work Authorization”.

3.1.12 The Contractor shall establish and maintain a centralized support function to assist other DOE sites with the preparation, processing or packaging of transuranic waste.

3.1.12.1 The Contractor shall provide quality controlled centralized procurement services for containers and materials used in the characterization and packaging of TRU waste.

3.1.12.2 The Contractor shall design, test, qualify and/or procure containers that meet the DOT type A requirements.

3.1.12.3 The Contractor shall supply other materials including containers, consumables and/or equipment as directed by the CBFO.

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3.1.12.4 The Contractor shall identify and implement opportunities to reduce DOE costs through standardization and by providing support to any TRU waste storage or generator site as directed by the CBFO.

3.1.13 Partnering Relationship

The Contractor and CBFO shall work within a partnering relationship for work related to execution of this contract with a common vision to mutually support mission goals and objectives. The relationship will promote the principles of teamwork, mutual respect, openness, honesty, trust, professionalism, and building a better understanding of one another’s position. The relationship includes a joint commitment to:

• Maintain high safety performance.

• Complete the work on or before schedule, within or below cost.

• Eliminate barriers to a faster, more cost effective and efficient program.

• Create an organizational culture able to accommodate change.

• Resolve conflicts through a coordinated work effort to avoid adversarial relations.

• Reinforce the partnered relationship with honest feedback and continual improvement.

3.2 ENVIRONMENTAL PROTECTION AND REGULATORY COMPLIANCE

3.2.1 The Contractor shall achieve and maintain Environmental Management excellence and make it a cornerstone of all operations.

3.2.2 Protection of the Environment is a fundamental responsibility of the

Contractor. The Contractor’s Environmental program shall be operated as an integral, but visible, part of how the organization conducts business.

The Contractor shall ensure that cost reduction and efficiency efforts are fully compatible with Environmental Management performance.

3.2.3 Hazardous Waste Facility Permit:

The Contractor and DOE, as co-permittees, shall provide justification for and preparation of modifications and renewal of the Hazardous Waste Facility Permit (HWFP) issued by the State of New Mexico. The Contractor and DOE shall focus these efforts to remove permit requirements that increase the costs of characterizing, certifying, transporting or disposing of TRU waste, the Contractor shall partner with DOE to establish an effective working relationship with the New Mexico Environment Department, including frequent communications, to ensure

C-8 timely identification and resolution of technical and regulatory issues, and to establish permitting schedules.

3.2.4 Compliance Certification:

The Contractor shall assist DOE with responding to questions from the EPA on the Compliance Recertification Application (CRA). The Contractor shall assist DOE and its Contractors in the preparation and submittal of the CRA documentation to the EPA every five years as required by law. The Contractor shall focus these efforts such that the EPA can render a timely completeness determination and receive EPA approval within the six month 40 CFR 194-driven timeframe. The Contractor shall assist as requested in other activities related to EPA activities under the Land Withdrawal Act.

3.3 SAFETY AND HEALTH

3.3.1 The Contractor shall develop and execute an Integrated Safety

Management System Description (ISMSD). The ISMSD shall be submitted to CBFO for approval. The ISMSD shall be updated as required. The Contractor shall manage and perform work in accordance with the ISMSD. The Contractor shall be prepared to undergo ISMS verification and validation by 1 October 2013.

3.3.2 This system will include principles of the International Organization for

Standardization (ISO) 14001 Program, the Voluntary Protection Program (or approved equivalent) and the Standards and Requirements Identification Document (S/RID), Document No. WP 15-PA3000.

The Contractor shall:

• Coordinate with other WIPP site entities to ensure a clear understanding of roles, responsibilities, and compliance with applicable environmental requirements laws, regulations, permits, orders, and agreements when work is done at other sites.

• Ensure that ES&H performance be considered in the selection of subcontracts and incorporated into subcontracts as required.

3.4 QUALITY ASSURANCE

3.4.1 The Contractor shall implement and maintain a Quality Assurance (QA) Program in accordance with the quality assurance provisions of 40 CFR 194, and that implements the quality program requirements contained in CAO-94-1012 Carlsbad Field Office Quality Assurance Program Document. The Quality Assurance Program is applicable to all programs and projects managed by the CBFO which require a QA program, including activities related to compliance application, waste characterization, repository performance assessment, waste isolation, waste transportation, nuclear safety, environmental protection, and management and operation of the WIPP facility.

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For NRC approved packaging, the Contractor shall maintain a program that is equivalent to the requirements of 10 CFR 71 Subpart H. Within 30 days of award the Contractor shall submit to CBFO for approval a revised or new Quality Assurance Project Plan that complies with the references above. The Contractor shall establish effective management systems to identify deficiencies, resolve deficiencies in a timely manner, ensure corrective actions are implemented, and prioritize and track commitments and actions. Such quality management systems shall support the ISMS in addition to the QA program.

4. PROGRAM REQUIREMENTS

The WIPP conducts site-specific and inter-site integration of TRU waste activities. To achieve the EM programmatic objectives, the Contractor shall be responsible for integrating waste management and environmental activities at the WIPP and at generator sites.

4.1 WIPP DISPOSAL OPERATIONS

Facilities at the WIPP are used to receive and dispose of TRU waste in a safe and environmentally sound manner.

4.1.1 Infrastructure

4.1.1.1 Long-term mission support

The Contractor shall maintain an integrated infrastructure program that includes long-term infrastructure reinvestment planning. The Contractor shall balance short-term pressures to improve operations with long-term infrastructure reinvestment planning. Infrastructure includes but not limited to: business systems, facilities, equipment, functional specialties, roads and utilities, emergency management, facility safety, surveillance and maintenance, safeguards and security, and asset maintenance.

4.1.1.2 Disposition of excess facilities, structures, and equipment

The Contractor shall disposition excess facilities, systems, structures, and equipment in accordance with the clause in Section I, Government Property.

4.1.1.3 Land management, facility planning and dispositioning requirements as they become excess to the Department’s needs

The Contractor shall maintain the WIPP Land Management Plan (LMP) and the Integrated Capital Asset Management Process Plan (ICAMP) and all necessary supporting systems including the asset inventory, condition, master planning, geographic information system, space management, and risk assessment.

4.1.1.4 Configuration Management

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The Contractor shall maintain a configuration management system that ensures that required documentation such as plans, drawings, procedures, system design descriptions and permits are maintained up-to- date, and that appropriate control plans, quality assurance requirements and change control boards are established. Changes shall be integrated so that all documentation, training, permits, and facility and equipment modifications are verified complete prior to implementation.

4.1.2 Operations

4.1.2.1 Waste Disposal Facilities

The Contractor shall manage, operate, maintain, repair and replace waste handling facilities, systems, and equipment. The Contractor shall actively pursue enhancements to waste handling facilities to provide increased efficiency and reliability. The Contractor shall implement a robust corrosion and preventive maintenance program and semi-annually conduct a thorough review of all buildings and systems to indentify problem areas. Budgets and integrated schedules shall be updated and adjusted to reflect the latest data.

4.1.2.2 Mining Operations

The Contractor shall maintain, operate and continually evaluate underground facilities and systems for cost effective and efficient operations. This includes evaluating tradeoffs of new excavation versus remediation of existing spaces and evaluation of obtaining regulatory approvals if required.

The Contractor shall plan and schedule the development of underground disposal facilities to provide newly mined disposal panels on a “just-in-time” basis. Waste disposal panels shall be mined and outfitted so that they are certified for use when the previous waste disposal panel is filled and ready for closure.

Contact-Handled TRU Waste Disposal - The Contractor shall be responsible for disposal including facility modifications and operational readiness of WIPP CH TRU facilities.

Remote-Handled TRU Waste Disposal - The Contractor shall be responsible for RH TRU waste disposal, including facility modifications and operational readiness of WIPP RH TRU facilities.

4.1.2.3 Security

The Contractor shall be responsible for security at the WIPP and other CBFO locations, but all budget decisions or changes in scope must be approved by the CBFO Contracting Officer through coordination with the Contracting Officer Representative. The Contractor’s security program shall maintain a security posture consistent with DOE directives, a

C-11 clearance program, and authorized derivative classifiers. Existing emergency aid and response agreements shall be maintained.

4.1.2.4 Facility Operations and Infrastructure

The Contractor shall assist DOE through direct participation and other support in achieving the DOE energy efficiency goals and objectives in electricity, water, and thermal consumption, conservation, and savings, including goals and objectives contained in Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management. The Contractor shall maintain and update, as appropriate, its Site Plan (as required elsewhere in the contract) to include detailed plans and milestones for achieving site-specific energy efficiency goals and objectives. With respect to this paragraph, the Plan shall consider all potential sources of funds, in the following order: 1) the maximum use of private sector, third-party financing applied on a life-cycle cost effective basis, particularly from Energy Savings Performance Contracts and Utility Energy Services Contracts awarded by DOE; and 2) only after third-party financing options are evaluated, in the event that energy efficiency and water conservation improvements cannot be effectively incorporated into a private sector financing arrangement that is in the best interests of the Government, then DOE funding and funding from overhead accounts can be utilized.

4.2 NATIONAL TRANSURANIC WASTE PROGRAM

The National Transuranic Waste Program (NTP) develops and manages a comprehensive waste management strategy for all TRU waste under the responsibility of the DOE. The Contractor is responsible for the integration of all NTP activities. Key elements of the NTP include: 1) disposal of TRU waste at the WIPP as described in C.4.1.2; 2) Generator/storage site waste retrieval and characterization activities applicable to the specific generator site’s needs as described in C.4.2.1; and 3) TRU waste transportation activities, as described in C.4.2.2 and C.4.2.3. The Contractor shall receive Government-provided TRU waste packages for shipment to WIPP at generator sites and, in selected cases, may retrieve waste or accelerate retrieval to develop a backlog of waste. With CBFO approval, the Contractor is fully authorized as the DOE-designated Contract integrator to conduct activities necessary to complete applicable characterization for shipping to a characterization site or WIPP, and disposal at WIPP.

4.2.1 Waste Characterization /Retrieval

The Contractor shall be responsible for integration of waste characterization, remediation, repackaging and retrieval at designated DOE characterization sites with DOE Contractors.

4.2.1.1 The Contractor, if directed by DOE, may provide and deploy to generator sites Retrieval and Characterization Teams and equipment to assist and/or perform in the management and execution of legacy TRU waste retrieval, remediation, repackaging, loading and characterization activities.

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4.2.1.2 The Contractor shall assist generator sites as directed by CBFO in planning for the management of newly generated TRU waste.

4.2.1.3 The Contractor shall ensure that a certified waste

characterization program is maintained at CBFO approved characterization sites in accordance with the WIPP requirements.

4.2.1.4 The Contractor shall ensure characterization of waste from

Contractor characterization sites is in accordance with WIPP

4.2.1.5 The Contractor shall ensure transportation of waste from generator sites is in compliance with applicable laws and regulations.

4.2.1.6 The Contractor may be required to identify disposition paths for low-level and low-level mixed wastes currently managed as TRU waste.

4.2.1.7 The Contractor shall arrange inter-site shipments to facilitate

TRU waste disposal and consolidation.

4.2.1.8 At sites where waste characterization, waste packaging and/or loading services are performed, the Contractor shall ensure the appropriate MOAs or MOUs are available.

4.2.1.9 The Contractor shall maintain the laboratory capability to perform headspace gas and RCRA sample analysis.

4.2.2 Transportation Packaging

4.2.2.1 The Contractor shall maintain NRC-certified packagings (TRUPACT-II,TRUPACT-III, HalfPACT, 10-160B and 72-B cask) and records for packaging fabrication and maintenance. Other packages such as shielded containers may be added to this list after NRC certification activities have been completed and will be added to NRC-certified package and records for packaging fabrication and maintenance.

4.2.2.2 The Contractor shall provide solutions to technical and regulatory issues related to NRC-certified packagings. The Contractor shall prepare draft amendments to the Certificates of Compliance to authorize new waste forms for transport and to justify modifications to the existing conditions of use.

4.2.2.3 The Contractor shall provide technical and quality oversight for the procurement of transportation packagings and procure if directed by DOE.

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4.2.2.4 The Contractor shall submit NRC certification requests and SARPs for new and existing packagings.

4.2.3 Transportation Management

4.2.3.1 The Contractor shall be responsible for coordinating and ensuring an integrated approach with the transportation Contractor(s) for transportation of TRU waste from generator sites to WIPP and from generator sites to characterization sites, including scheduling and dispatching shipments, coordinating empty shipments, and providing for maintenance on truck trailers and packagings.

4.2.3.2 The Contractor shall assist DOE in certification of the generator/storage sites compliance with transportation requirements and shall be responsible for the approval of shipments to WIPP.

4.2.3.3 The Contractor shall assist shipping sites in the initial and continued use of TRU Waste shipping packages.

4.2.3.4 The Contractor shall utilize the DOE designated transportation monitoring system to monitor loaded shipments dispatched from the WIPP and inbound waste shipments. The Contractor shall prepare the integrated shipping schedule, which includes TRU packaging, trailers, drivers, and tractor requirements.

4.2.3.5 The Contractor shall conduct activities related to the opening and maintenance of shipping corridors and the provision of emergency response training along shipping corridors.

4.2.3.6 The Contractor shall identify, analyze and resolve issues related to waste transportation and emergency management with states, tribes and local government officials. The Contractor may be required to provide trained and qualified personnel for response to transportation incidences.

4.3 RESEARCH AND DEVELOPMENT PROGRAMS

4.3.1 R&D for Program and Operational Efficiencies

The Contractor shall propose research and development initiatives that have the objective of improving the operational efficiency of the WIPP and the National TRU Program. These initiatives must be submitted to DOE for approval prior to Contractor funding and implementation of such initiatives.

4.3.2 Other Experimental Programs

The Contractor shall assist the DOE with experiments and demonstrations in support of other programs not associated with TRU waste disposal, which may or

C-14 may not focus on using the unique characteristics and facilities of WIPP/Land Withdrawal Act area.

4.3.3 Applied Development

The Contractor may address issues under applied development as directed by

CBFO.

4.3.4 International Repository Science

The Contractor shall support DOE in the development and maintenance of an International Repository Science Program as directed by the CBFO. This may include the conduction of research at the WIPP facility, tours, presentations and the hosting of meetings and workshops.

C-15

5. ACRONYMS

CBFO Carlsbad Field Office CCA Compliance Certification Application CFR Code of Federal Regulations CH TRU Contact-Handled CRA Compliance Recertification Application CTAC Carlsbad Technical Assistance Contractor DOE U. S. Department of Energy DOE-AL Albuquerque Operations Office EM Assistant Secretary for Environmental Management ES&H Environment, Safety and Health EPA U. S. Environmental Protection Agency HalfPACT Half-height Transuranic Waste Package Transporter HWFP Hazardous Waste Facility Permit ICAMP Integrated Capital Asset Management Process IPABS Integrated Planning, Budgeting and Accountability System ISMS Integrated Safety Management System ISO International Standards Organization LMP Land Management Plan NRC U. S. Nuclear Regulatory Commission NTP National Transuranic Waste Program PPA Property Protection Area QA Quality Assurance QAPD Quality Assurance Program Description RCT Retrieval and Characterization Teams RH TRU Remote-Handled SARP Safety Analysis Report for Packaging SNL Sandia National Laboratories SQS Small Quantity Site S/RID Standards and Requirements Identification Document TRU Transuranic Waste TRUPACT-II Transuranic Waste Package Transporter Type II TRUPACT-III Transuranic Waste Package Transporter Type III VPP Voluntary Protection Program WTS Washington TRU Solutions WIPP Waste Isolation Pilot Plant

D-i

SECTION D

PACKAGING AND MARKING

D-1 PACKAGING

D-2 MARKING

D-1

SECTION D

PACKAGING AND MARKING

D-1 PACKAGING

Preservation, packaging, and packing for shipment or mailing of all work delivered hereunder, shall be in accordance with good commercial practice and adequate to insure acceptance by common carrier and safe transportation at the most economical rates, except for specific requirements discussed in Section C.

D-2 MARKING

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

• Identifies the contract number under which the item is being delivered; and

• Identifies the contract requirement or other instruction which requires the delivered item(s).

E-i

SECTION E

INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-5 INSPECTION OF SERVICES--COST- REIMBURSEMENT (APR

1984)

E.2 ACCEPTANCE

E-1

SECTION E

INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-5 INSPECTION OF SERVICES--COST- REIMBURSEMENT (APR

1984)

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract.

Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by re-performance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce any fee payable under the contract to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances or (2) terminate the contract for default.

E.2 ACCEPTANCE

Acceptance for all work and effort under this contract shall be accomplished by the Contracting Officer or any other duly authorized representative.

F-i

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

F.2 PRINCIPAL PLACE OF PERFORMANCE

F.3 STOP-WORK ORDER (FAR 52.242-15) (AUG 1989)(ALTERNATE I) (APR

1984)

F-1

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The base period of performance for this contract is from the date that the Contractor assumes full responsibility for the Performance Work Statement (PWS) through September 30, 2017 with an option to extend the term of this contract for a period of five

(5) years. The option will be exercised in accordance with Section I, FAR 52.217-9, “Option to Extend the Term of the Contract”.

The transition period is 90 days from the written notice to proceed or as extended by the Contracting Officer. If the transition period is extended, the Contracting Officer shall provide written notification of the date the Contractor assumes full responsibility for the PWS in accordance with the clause in Section H entitled “Transition Activities”.

F.2 PRINCIPAL PLACE OF PERFORMANCE

The work under this contract is to be carried out at a variety of locations, but the principal place of performance will be the Waste Isolation Pilot Plant site near Carlsbad, New Mexico.

F.3 STOP-WORK ORDER (FAR 52.242-15) (AUG 1989)(ALTERNATE I) (APR

1984)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize incurring costs allocable to the work covered by the order during the period of work stoppage. Within a period for 90 days after a stop-work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the

Termination Clause of the contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule, the estimated cost, the fee, or a combination thereof and in any other terms of

F-2 the contract that may be affected, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

G-i

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 TECHNICAL AND ADMINISTRATIVE CORRESPONDENCE/MATTERS

G.2 DOE ORGANIZATIONAL PROPERTY MANAGEMENT OFFICER

G.3 CONTRACTOR CONTACT

G.4 COST REPORTING PROCEDURES

G-1

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 TECHNICAL AND ADMINISTRATIVE CORRESPONDENCE/MATTERS

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

(a) Technical and Administrative Correspondence/Matters. Technical and administrative correspondence (as used herein, excludes other correspondence described in Paragraph (b)) concerning performance of this contract shall be addressed to the Manager, Carlsbad Field Office (CBFO). The CBFO Manager, or designee, is the Contracting Officer Representative for administration of technical and administrative matters for this contract. The Contractor shall use the DOE CBFO as the focal point for all technical and administrative matters regarding this contract.

(b) Other Correspondence. Other correspondence, including waivers, deviations, or modifications to the requirements, terms, or conditions of this contract, shall be addressed to the Contracting Officer at the DOE Contracting Office.

(c) DOE Contracting Office. The Contracting Officer's address is:

Carlsbad Field Office U.S. Department of Energy P.O. Box 3090 Carlsbad, NM 88221

(d) Patents/Technical Data Correspondence. Correspondence concerning patent and technical data issues shall be addressed to:

General Counsel, Carlsbad Field Office, U.S. Department of Energy, P.O. Box 3090, Carlsbad, NM 88221

(e) Subject Lines(s). All correspondence shall contain a subject line commencing with the Contract Number, as illustrated below:

"SUBJECT: Contract No. DE-TBD (insert subject topic after Contract Number, e.g., "Request for subcontract placement approval").

G.2 DOE ORGANIZATIONAL PROPERTY MANAGEMENT OFFICER

The Contractor may use the Organizational Property Management Officer as a point of contact for guidance and assistance involving property requirements. The CO shall be contacted for any matter which involves a change in any of the expressed terms and

G-2 conditions of the contract. Correspondence being sent regarding the property Management officer should be addressed to:

Carlsbad Field Office U.S. Department of Energy Attn: Contracting Officer P.O. Box 3090 Carlsbad, NM 88221

G.3 CONTRACTOR CONTACT

The Contractor shall indentify to the CBFO CO the Contractor contact who has the authority and is responsible for…