DE-SOL-004189 Complete.pdf

DE-SOL-0004189

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 109

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

12EM00228107/31/2012

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00601

Richland Operations Office U.S. Department of Energy Richland Operations Office P.O. Box 550, MSIN A7-80 Richland WA 99352

1400 PT 08/14/2012

Jennifer R. Knittel 509 Jennifer.Knittel@rl.doe.gov

373-1046

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PAGE(S)

Linda K. Jarnagin

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

See DOE-L-1002

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 109

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

DE-SOL-0004189

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

Law Enforcement Services for the Hanford Site, Richland, Washington

Delivery Location Code: 00601 Richland Operations Office U.S. Department of Energy Richland Operations Office P.O. Box 550, MSIN A7-80 Richland WA 99352

FOB: Destination Period of Performance: 01/01/2013 to 12/31/2013

00001 Base Year - 2013

00002 First Option Year - 2014 (Option Line Item) Period of Performance: 01/01/2014 to 12/31/2014

00003 Second Option Year - 2015 (Option Line Item) Period of Performance: 01/01/2015 to 12/31/2015

00004 Third Option Year - 2016 (Option Line Item) Period of Performance: 01/01/2016 to 12/31/2016

00005 Fourth Option Year - 2017 (Option Line Item) Period of Performance: 01/01/2017 to 12/31/2017

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Law and Traffic Enforcement

Table of Contents

Section B - Supplies or Services/Prices DOE-B-1001 Deliverable Requirements - Firm Fixed Price (Tailored)

Section C - Description/Specifications DOE-C-1001 Scope of Work

Section E - Inspection and Acceptance 52.246-4 Inspection of Services - Fixed-Price (AUG 1996) DOE-E-1001 Inspection and Acceptance

Section F - Deliveries or Performance 52.242-15 Stop-Work Order (AUG 1989) DOE-F-1002 Place of Performance - Services

Section G - Contract Administration Data 952.242-70 Technical Direction (DEC 2000) DOE-G-1005 Observance of Legal Holidays DOE-G-1007 Contracting Officer's Representative DOE-G-1010 Nonsupervision of Contractor Employees on Government Facilities RL-G-1001 Submission of Request for Payment - Supplies or Services

Section H - Special Contract Requirements DOE-H-1011 Department of Labor Wage Determinations DOE-H-1020 Options to the Contract DOE-H-1023 Preservation of Antiquities, Wildlife and Land Areas DOE-H-1024 Alternative Dispute Resolution (ADR) DOE-H-1025 Contractor Interface with Other Contractors and/or Government Employees DOE-H-1040 Lobbying Restriction (Energy and Water Development and Related Agencies Appropriations

Act, 2008) DOE-H-1051 Consecutive Numbering (MAY 2009) RL-H-1002 Security Requirements

Section I - Contract Clauses 52.202-1 Definitions (JAN 2012)/952.202-1 Definitions 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (OCT 2010) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997) ...22 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-7 Central Contractor Registration (FEB 2012) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) 52.215-2 Audit and Records - Negotiation (OCT 2010) 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997) 52.217-8 Option to Extend Services (NOV 1999) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 52.219-8 Utilization of Small Business Concerns (JAN 2011)

52.219-28 Post-Award Small Business Program Rerepresentation (APR 2012) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports on Veterans (SEP 2010) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-41 Service Contract Act of 1965 (NOV 2007) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and

Option Contracts) (SEP 2009) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.222-54 Employment Eligibility Verification (JAN 2009) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-10 Waste Reduction Program (MAY 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to

Iran--Representation and Certification (NOV 2011) 52.227-1 Authorization and Consent (DEC 2007) 52.228-5 Insurance - Work on a Government Installation (JAN 1997) 52.229-3 Federal, State, and Local Taxes (APR 2003) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment. (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information (MAY

1999) 52.233-1 Disputes (JUL 2002) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes - Fixed-Price (AUG 1987) - Alternate I (APR 1984) 52.243-7 Notification of Changes (APR 1984) 52.244-5 Competition in Subcontracting (DEC 1996) 52.244-6 Subcontracts for Commercial Items. (DEC 2010) 52.246-25 Limitation of Liability - Services.(FEB 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.252-2 Clauses Incorporated by Reference (FEB 1998) 952.203-70 Whistleblower Protection for Contractor Employees (DEC 2000) 952.208-70 Printing (APR 1984) 952.223-75 Preservation of Individual Occupational Radiation Exposure Records (APR 1984)

Section J - List of Documents, Exhibits and Other Attachments DOE-J-1001 List of Attachments

Section K - Representations, Certifications, and Other Statements of Bidders 52.203-2 Certificate of Independent Price Determination (APR 1985) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

(SEP 2007)

52.204-5 Women-Owned Business (Other Than Small Business) (MAY 1999) 52.204-8 Annual Representations and Certifications (MAY 2012) 52.209-5 Certification Regarding Responsibility Matters (APR 2010) 52.209-7 Information Regarding Responsibility Matters (FEB 2012) 52.219-1 Small Business Program Representations (APR 2012) 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) 52.222-25 Affirmative Action Compliance (APR 1984) 52.222-38 Compliance with Veterans' Employment Reporting Requirements (SEP 2010) 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification (AUG 2009)

Section L - Instructions, Conditions, and Notices to Bidders 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data (OCT 2010) Alternate IV (OCT 2010) 52.216-1 Type of Contract (APR 1984) 52.233-2 Service of Protest (SEP 2006)/952.233-2 Service of Protest 52.237-1 Site Visit (APR 1984) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) 952.233-4 Notice of Protest File Availability (AUG 2009) 952.233-5 Agency protest review. (SEP 1996) DOE-L-1001 General Instructions (Tailored) DOE-L-1002 Electronic Submission of Proposals/Bids/Offers/Quotes DOE-L-1003 Offer Acceptance Period DOE-L-1004 Number of Awards DOE-L-1005 False Statements DOE-L-1006 Expenses Related to Offeror Submissions DOE-L-1007 Prebid/Preproposal Conference - None DOE-L-1009 Site Visit Not Planned DOE-L-1013 Alternate Proposal Information - None DOE-L-1021 Protests to the Department of Energy DOE-L-1022 Proposal Preparation Instructions - General (Tailored)

Section M - Evaluation Factors for Award 52.217-5 Evaluation of Options (JUL 1990) DOE-M-1003 Basis for Award (Tailored)

Section B - Supplies or Services/Prices

DOE-B-1001 Deliverable Requirements - Firm Fixed Price (Tailored)

The Contractor shall be responsible for providing law and traffic enforcement services as described in

Section C, Statement of Work (SOW), at the facilities specified in the DOE-F-1002.

This contract is a fixed price contract with a base year of January 1, 2013, through December 31, 2013, and four one-year option years of January 1 through December 31.

Item Description Unit Amount

00001 Base Year – 2013

January 1, 2013 to December 31, 2013

Lump Sum* $ _______________

00002 First Option Year – 2014

January 1, 2014 to December 31, 2014

00003 Second Option Year – 2015

January 1, 2015 to December 31, 2015

00004 Third Option Year – 2016

January 1, 2016 to December 31, 2016

00005 Fourth Option Year – 2017

January 1, 2017 to December 31, 2017

Total of All Periods: $ _______________

*Payments will be made in twelve (12) equal monthly payments.

The Item Numbers ordered to date are (To Be Determined at Time of Award).

The Firm-Fixed-Price of the items ordered to date is $(To Be Determined at Time of Award).

(End of clause)

Section C - Description/Specifications

DOE-C-1001 Scope of Work

Operations

The Contractor shall be responsible for providing law and traffic enforcement services within juristic authority on the Hanford Site. The Contractor shall furnish all necessary labor, equipment, transportation, and materials i.e., vehicles, radios, computers and associated communication system fees (except as expressly set forth in this contract).

Law enforcement services for the Hanford site are defined as:

(1) Investigation of suspected or reported violations of law.

(2) Apprehension and arrest of persons suspected of committing violations of law.

(3) Providing reports, testimony, and other evidence as required for the prosecution of violators.

Traffic enforcement services for the Hanford site are defined as:

(1) No less than two traffic patrols during the peak hours of traffic on the Hanford Site, 0600-0800 and 1530-1730 hours, Monday through Friday.

(2) Random patrols outside of the peak hours of traffic, 0800-1530 and 1800–0600 hours. During non-business hours (week-ends and holidays as identified in DOE-G-1005), only an emergency response to traffic accidents or mutual aid requests for assistance are required.

The Contractor shall immediately notify the DOE Contracting Officer’s Representative of on-site criminal investigations, and shall utilize the Criminal Arrest Policy identified below.

Criminal Arrest Policy

The serving of criminal warrants on the Hanford site will be facilitated, to the extent possible, by Richland

Operations Office (RL). Arrests will be made without impacting work activities and in a manner that is with as little visibility to others as possible. RL will not support request to serve civil warrants on the

Hanford Site.

Procedure

Contractor requests to serve warrants will be directed to the first available of the DOE-RE Security and

Emergency Services (SES) team member:

Law Enforcement Liaison

Team Leads

Director

Staff Duty Officer

The contactor shall coordinate with RL-SES team member contacted to obtain appropriate badging and/or dosimeter. (The Contractor should coordinate with the Hanford Patrol Shift Commander to issue badges during off-Shift hours).

Reporting Requirements

The Contractor shall submit logs, reports, documents, data, and access to information regarding the

Contractor’s activities on the Hanford Site, as required in Section J, Attachment 1 – Reporting

Requirements Checklist. Reports and deliverables under this contract shall be submitted via FedConnect.

Section E - Inspection and Acceptance

52.246-4 Inspection of Services - Fixed-Price (AUG 1996)

(a) Definition: Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of 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 times and places 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 the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

DOE-E-1001 Inspection and Acceptance

Inspection and acceptance of all items under this contract shall be accomplished by the Contracting Officer, the Contracting Officer's Representative (COR), or any other duly authorized Government representative identified by the Contracting Officer. The contractor will be notified in writing or by a copy of the delegation of authority if a different representative in designated.

Section F - Deliveries or Performance

52.242-15 Stop-Work Order (AUG 1989)

(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 the incurrence of costs allocable to the work covered by the order during the period of work stoppage.

Within a period of 90 days after a stop-work 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 Default, or the Termination for

Convenience of the Government, clause of this 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 or contract price, or both, 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 the claim 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.

DOE-F-1002 Place of Performance - Services

The services specified by this contract shall be performed at the Hanford Site, Richland, Washington.

Section G - Contract Administration Data

952.242-70 Technical Direction (DEC 2000)

(a) Performance of the work under this contract shall be subject to the technical direction of the DOE

Contracting Officer's Representative (COR). The term "technical direction" is defined to include, without limitation:

(1) Providing direction to the Contractor that redirects contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details, or otherwise serve to accomplish the contractual Statement of Work.

(2) Providing written information to the Contractor that assists in interpreting drawings, specifications, or technical portions of the work description.

(3) Reviewing and, where required by the contract, approving, technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government.

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. The COR does not have the authority to, and may not, issue any technical direction that-

(1) Constitutes an assignment of additional work outside the Statement of Work;

(2) Constitutes a change as defined in the contract clause entitled "Changes;"

(3) In any manner causes an increase or decrease in the total estimated contract cost, the fee (if any), or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the

COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly.

Upon receiving the notification from the Contractor, the Contracting Officer must-

(1) Advise the Contractor in writing within thirty (30) days after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract;

(2) Advise the Contractor in writing within a reasonable time that the Government will issue a written change order; or

(3) Advise the Contractor in writing within a reasonable time not to proceed with the instruction or direction of the COR.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled "Disputes."

(End of Clause)

DOE-G-1005 Observance of Legal Holidays

(a) The on-site Government personnel observe the following holidays:

New Year's Day

Martin Luther King, Jr.'s Birthday

President's Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

Any other day designated by Federal statute, Executive order, or the President's proclamation.

(b) When any holiday falls on a Saturday, the preceding Friday is observed. When any holiday falls on a

Sunday, the following Monday is observed. Observance of such days by Government personnel shall not by itself be cause for an additional period of performance or entitlement of compensation except as set forth within the contract.

(c) When DOE grants administrative leave to its Government employees (e.g., as a result of inclement weather, potentially hazardous conditions, or other special circumstances), Contractor personnel working on-site should also be dismissed. However, the contractor shall provide sufficient on-site personnel to perform round-the-clock requirements of critical work already in process, unless otherwise instructed by the Contracting Officer or authorized representative.

(d) Whenever administrative leave is granted to Contractor personnel pursuant to paragraph (c) of this clause, it shall be without loss to the Contractor. The impact of the excused delay may be submitted as a claim for adjustment to the fixed price of the contract and delivery schedule as appropriate.

DOE-G-1007 Contracting Officer's Representative

The Contracting Officer's Representative (COR) for the purposes of monitoring and coordinating the technical requirements of this contract is (To Be Determined at Time of Award).

Specific duties and responsibilities of the COR are those delegated in the Contracting Officer's

Representative Delegation for this contract.

DOE-G-1010 Nonsupervision of Contractor Employees on Government Facilities

The Government shall not exercise any supervision or control over Contractor employees performing services under this contract. The Contractor's employees shall be held accountable solely to the

Contractor's management, who in turn is responsible for contract performance to the Government.

RL-G-1001 Submission of Request for Payment - Supplies or Services

The Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than

Personal) when requesting payment for supplies or services rendered.

Contractors must submit invoices electronically through the Oak Ridge Financial Service Cent's (ORFSC)

Vender Inquiry Payment Electronic Reporting System (VIPERS). VIPERS allows venders to submit invoices, attach supporting documentation and check the payment status of any invoice submitted to the

DOE. To obtain access to and use VIPERS, please visit the web page at http://finweb.oro.doe.gov/vipers.htm. Detailed instructions on how to enroll and use the system are provided on the web page. The submission of invoice electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Do not submit a paper copy of the invoice.

http://finweb.oro.doe.gov/vipers.htm

Section H - Special Contract Requirements

DOE-H-1011 Department of Labor Wage Determinations

In the performance of this contract the Contractor shall comply with the requirements of the U.S.

Department of Labor Wage Determination(s) located in Section J, Attachment 2 and FAR 52.222-42, Statement of Equivalent Rates for Federal Hires, when applicable.

DOE-H-1020 Options to the Contract

a) The Government may unilaterally exercise the option(s) in this contract by written notice to the

Contractor within the term of the contract; provided, that the Government shall give the Contractor a preliminary written notice of its intent to exercise at least thirty (30) days before the contract expires.

The preliminary notice does not commit the Government to execute the option.

b) If the Government exercises an option, the contract shall be considered to include this option provision.

c) Should the Government exercise any option hereunder all contractual terms and conditions shall remain in effect.

DOE-H-1023 Preservation of Antiquities, Wildlife and Land Areas

(a) Federal Law provides for the protection of antiquities located on land owned or controlled by the

Government. Antiquities include Indian graves or campsites, relics and artifacts. The Contractor shall control the movements of its personnel and its subcontractor's personnel at the job site to ensure that any existing antiquities discovered thereon will not be disturbed or destroyed by such personnel.

It shall be the duty of the Contractor to report to the Contracting Officer the existence of any antiquities so discovered.

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

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

DOE-H-1024 Alternative Dispute Resolution (ADR)

(a) The DOE and the Contractor both recognize that methods for fair and efficient resolution of significant disputes are essential to the successful and timely achievement of critical milestones and completion of all Contract requirements. Accordingly, the parties agree that in the event of a dispute to jointly select a 'standing neutral.' The standing neutral will be available to help resolve disputes as they arise.

Such standing neutral can be an individual, a board comprised of three independent experts, or a company with specific expertise in the Contract area. If a standing neutral cannot be agreed upon, the

DOE Office of Dispute Resolution will make a selection. Specific joint ADR processes shall be developed.

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

(1) DOE and the Contractor shall use their best efforts to informally resolve any dispute, claim, question, or disagreement by consulting and negotiating with each other in good faith, recognizing their mutual interests, and attempting to reach a just and equitable solution satisfactory to both parties. If any agreement cannot be reached through informal negotiations within 30 days after the start of negotiations, then such disagreement shall be referred to the standing neutral, pursuant to the jointly-developed ADR procedures.

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

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

Disputes Alternate I.

DOE-H-1025 Contractor Interface with Other Contractors and/or Government Employees

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

DOE-H-1040 Lobbying Restriction (Energy and Water Development and Related Agencies

Appropriations Act, 2008)

The contractor agrees that none of the funds obligated on this award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before

Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.

DOE-H-1051 Consecutive Numbering (MAY 2009)

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

RL-H-1002 Security Requirements

(a) Citizenship: Each Contractor employee who requires authorization to have access to the Hanford Site must be a citizen of the United States or a foreign national with proper, advance RL authorization.

(b) Employee Access: Contractor employees must have a security escort when access to Limited and/or

Protected Areas of the Hanford Site is required.

(c) Picture Security Badges:

(1) Each Contractor and subcontractor employee must have a picture (photo) security badge for access to any area within the Hanford Site. Picture badges are not required for visitors whose stay is for 7 days or less; in such cases, badges without photos are required. Security badges shall be worn in plain view, above the waist. Each employee must appear in person to obtain a badge. Badge applicants must provide adequate information to the issuing office to properly identify them. The

“Security Badge Request Form” must be completed by the Contractor and signed in the

Authorization block by the Contracting Officer or DOE designated personnel.

(2) Security badges will be valid only for the duration of a specific contract or for a 12-month period, whichever ends first.

(3) A new security badge must be obtained whenever there is a significant change in facial appearance, e.g., growth or removal of facial hair, changes resulting from surgery, etc.

(4) Each Contractor and subcontractor employee is responsible for his or her badge and for returning the badge to the issuing office whenever one of the following occurs, but in any event, before final payment:

(i) Contract work is completed;

(ii) Badge is no longer needed; and

(iii) Badge becomes void for any reason.

(5) A charge of $500.00 will be assessed to the Contractor for each security badge not returned in accordance with the above requirement. Such charges will be deducted from payments otherwise due the Contractor.

(6) Lost security badges shall be reported to the issuing office as soon after the loss as possible.

(d) Safety and Security Orientation: Each employee of the Contractor and subcontractor must receive a safety and security orientation briefing before being issued a security badge. For visitors badging, described in paragraph (d)(1) above, a 10 minute security briefing is required. Contractor personnel shall attend Hanford General Employee Training (HGET) for tasks which require regular access to government facilities. HGET training is approximately three hours in duration. A maximum of 3 hours may be charged to the task for completion of HGET for annual renewal purposes. The charge to attend

HGET is allowable under the Task Order as a direct cost associated with task performance. There is no fee for a Visitor’s briefing.

(e) Prohibited Articles: The articles listed below are not permitted on the Hanford Site in any security area without a Prohibited Articles pass:

(1) Explosives;

(2) Dangerous weapons;

(3) Instruments or material likely to produce substantial injury to persons or damage to persons or property;

(4) Controlled substances (e.g., illegal drugs and associated paraphernalia but not prescription medicine); and

(5) Any other items prohibited by law. Specific information covering prohibited items may be found under the provisions of 10 Code of Federal Regulations (CFR) 860 and 41 CFR 101-20.3.

Upon notification that an employee of the Contractor or subcontractor is found to possess or is suspected of possessing narcotics, dangerous drugs, and or controlled substances on the Hanford Site, the Company for whom the individual works shall be notified that the employee’s security badge is to be returned to Safeguards and Emergency Services and the employee’s worksite access is being temporarily suspended pending identification, through laboratory analysis, of the items in question.

Upon receipt of positive identification, through laboratory analysis, of narcotics, dangerous drugs, and/or controlled substances, the individual and employing company representative, if applicable, shall be informed that the individual’s access to the Hanford Site has been denied for a minimum of one (1) year.

(f) Controlled Articles: Portable electronic devices, both Government- and personally-owned, capable of recording information or transmitting data (e.g., radio frequency, infrared, and/or data link electronic equipment) are not permitted in Limited Areas, Exclusions Areas, Protected Areas, Vital Areas, Material Access Areas, without a Controlled Article pass.

(g) Incidents of Security Concern:

Ensure that all company personnel who are authorized access to classified information, sensitive unclassified information and/or SNM at other facilities are aware of the requirements and procedures for reporting security infractions or incidents.

Establish an incident management program that provides for appropriate disciplinary measures if DOE determines that company personnel have committed security infractions or incidents.

(h) Personally Identifiable Information (PII):

Ensure that actions are taken to address data breaches of PII that is collected, processed or maintained on paper records, stored and/or transmitted through DOE computer systems, and sensitive data owned by DOE that is properly stored on non-DOE computer systems.

Ensure that data breaches that involve the suspected or conformed loss of PII are immediately reported the DOE.

Ensure employees complete the Annual Privacy Training and sign the completion certificate acknowledging their responsibility for maintaining and protecting Privacy Act information prior to being authorized access to all information systems.

Ensure that employees receive training for the rules of behavior prior to accessing DOE systems.

(i) Official Use Only Information:

Ensure that documents determined to contain OUO information are marked and protected as described in DOE O 471.3, Admin Change 1.

Ensure that documents determined to no longer warrant protection as OUO have their markings removed.

Ensure that access to (a) documents marked as containing OUO information or (b) OUO information from such documents is only provided to those persons who need to know the information to perform their jobs or other DOE-authorized activities.

Section I - Contract Clauses

52.202-1 Definitions (JAN 2012)/952.202-1 Definitions

(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal

Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(1) The solicitation, or amended solicitation, provides a different definition;

(2) The contracting parties agree to a different definition;

(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is located. The FAR Index is available via the Internet at http://www.acquisition.gov/far at the end of the

FAR, after the FAR Appendix.

(c) When a solicitation provision or contract clause uses a word or term that is defined in the Department of Energy Acquisition Regulation (DEAR) (48 CFR chapter 9), the word or term has the same meaning as the definition in 48 CFR 902.101 or the definition in the part, subpart, or section of 48 CFR chapter 9 where the provision or clause is prescribed in effect at the time the solicitation was issued, unless an exception in (a) applies.

52.203-3 Gratuities (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative -

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the

Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled -

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

https://stripes.doe.gov/stripesp/clauses/far/FAR2.htm#2.101 https://stripes.doe.gov/stripesp/clauses/far/FAR31.htm#31 https://stripes.doe.gov/stripesp/clauses/doe/DEAR902.htm#902.101

52.203-5 Covenant Against Contingent Fees (APR 1984)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) Bona fide agency, as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

Bona fide employee, as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

Contingent fee, as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

Improper influence, as used in this clause, means any influence that induces or tends to induce a

Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

52.203-7 Anti-Kickback Procedures (OCT 2010)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the

United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime

Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from -

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of

Justice.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the

United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting

Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision

(c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including paragraph (c)(5) but excepting paragraph (c)(1), in all subcontracts under this contract which exceed $150,000.

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN

1997)

(a) If the Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of section 27 of the Office of Federal

Procurement Policy Act (41 U.S.C. 423) (the Act), as amended by section 4304 of the National

Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the Government may -

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which -

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27(a) or (b) of the Act for the purpose of either -

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct constituting an offense punishable under subsection 27(e)(1) of the Act.

(b) If the Government rescinds the contract…