DRAFT RFP 2020 Staff Aug BOA.pdf

DRAFT RFP (5)RFP Services and Construction Rev 9, 10/22/19

SAVANNAH RIVER REMEDIATION LLC

REQUEST FOR PROPOSAL (RFP)

TO: Staff Aug Companies

RFP NO. 2020 Staff Aug BOA

DATE: 3/6/2020

Savannah River Remediation LLC (SRR)/LW Contractor invites you to submit a proposal for the establishment of Basic Ordering Agreements (BOA) for Staff Augmentation Support Services in multiple departments, such as, but not limited to, the following:

Accounting Integration Management Business Information Technology Clerical Procedures Construction Project Controls Design Authority Quality Assurance and Quality Control Design Services Radiological Controls Engineering Safety and Health Estimating Supply Chain Management Human Resources Training Industrial Hygiene Talent Acquisition

SECTION I INTRODUCTORY INFORMATION

SECTION II BASIS FOR AWARD

SECTION III PROPOSAL INSTRUCTIONS

SECTION IV DRAFT OF SUBCONTRACT

Sincerely, Debbie S. Pope (Name/Signature of Procurement Representative)

RFP No. 2020 Staff Aug BOA

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DRAFT RFP

TABLE OF CONTENTS

SECTION I. INTRODUCTORY INFORMATION

1. Proposal Due Date

2. Modifications and Revisions to Proposals, Late Proposals, and Withdrawal of Proposals 3

3. Type of Subcontract

4. Anticipated Award Date

5. RFP Addenda

6. Proposal Preparation Costs

7. Restriction on Disclosure and Use of Data

8. Explanation to Offerors

9. LW Contractor Procurement Representative

10. NAICS Code and Size Standard

11. Organizational Conflicts of Interest Disclosure - Advisory and Assistance Subcontracts . 5

12. Service Contract Act Wage Determination

13. Notification of Award (NOA)

14. Resolution of Supplier Complaints/Inquiries (LW Contractor Ombudsman)

15. Notice of Small Business Set-Aside

16. Transition and Communication Plans

17. Industry Comments

SECTION II. BASIS FOR AWARD

A. Preface B. Relative Importance of Evaluation Criteria C. Evaluation Criteria

SECTION III. PROPOSAL INSTRUCTIONS

A. Proposal Organization B. Proposal Content C. Offeror Notifications

SECTION IV, DRAFT OF SUBCONTRACT (Attached)

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SECTION I. INTRODUCTORY INFORMATION

1. Proposal Due Date

Your proposal must be received on or before March 20, 2020, at the Savannah River Site, at the Procurement Representative’s Office. Proposal instructions are contained in Section III. Your proposal shall be valid for acceptance for 120 days after the date set for receipt of the proposals.

2. Modifications and Revisions to Proposals, Late Proposals, and Withdrawal of Proposals

A “Proposal Modification” is a change made to a proposal before the proposal due date and time.

A “Proposal Revision” is a change made to a proposal after the proposal due date, at the request of or as allowed by LW Contractor.

Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the office designated herein by the established due date and time. Any proposal, modification, or revision received after the time specified for receipt is late. Consideration of late proposals, modifications, or revisions to proposals is at the sole discretion of LW Contractor.

Proposals may be withdrawn by written notice received at any time before award. Proposals may also be withdrawn in person by an authorized representative of the offeror, if the representative's identity is made known and the representative signs a receipt for the proposal before award.

3. Type of Subcontract

The subcontract to be awarded will be: Labor Hour Services Subcontract.

4. Anticipated Award Date

The anticipated date of award is July 2020

5. RFP Addenda

The only method by which any requirement of this solicitation may be modified is by written addendum. It is the responsibility of each offeror to verify the number of addenda issued on the solicitation (if any).

6. Proposal Preparation Costs

This solicitation does not commit LW Contractor to pay costs incurred in the preparation and submission of a proposal or for studies and designs necessary for the preparation of a proposal.

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7. Restriction on Disclosure and Use of Data

LW Contractor or the Government shall have the right to duplicate, use, or disclose data to the extent provided in any resulting subcontract. However, your proposal may include technical data and other data, including trade secrets and/or privileged or confidential commercial or financial information that you do not want disclosed to the public or used by LW Contractor or the Government for any purpose other than proposal evaluation. To protect such data, you must specifically identify each page, including each line or paragraph thereof, containing the data to be protected and mark the cover sheet of the proposal.

8. Explanation to Offerors

Any offeror 1) desiring an explanation or interpretation of the solicitation and its related documents or 2) discovering any discrepancies or omissions in the solicitation or related documents, shall notify the LW Contractor Procurement Representative in writing. Each notification must make specific reference to the applicable section of the solicitation to be considered by the LW Contractor. LW Contractor reserves the right to reject any request that does not conform to this requirement. Oral explanations or instructions provided will not be binding. Any information given to an offeror concerning the solicitation will be furnished in writing promptly to all other offerors as an addendum to the solicitation, if that information is necessary in submitting offers, or if the lack of it would be prejudicial to any other offerors.

All communications regarding this solicitation must be coordinated through the LW Contractor Procurement Representative. Failure to do so may result in disqualification of the offeror from further consideration.

Written questions pertaining to this solicitation are due on or before 4:00 pm local time at the Savannah River Site, on TBD. E-mail is acceptable.

9. LW Contractor Procurement Representative

Mailing Address: Communication Numbers:

Savannah River Remediation LLC Telephone No.: (803) 952-9241 Procurement Services Email: debbie.pope@srs.gov Attn.: Debbie S. Pope Building 707-9B Room 11 Aiken, SC 29808

10. NAICS Code and Size Standard

The North American Industry Classification System (NAICS)* code for this solicitation is 561320 Temporary Help Services. For more information about NAICS, please refer to the Census website, https://www.census.gov/eos/www/naics/.

https://www.census.gov/eos/www/naics/

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The Small Business size standard is $30.0 million For more information about size standards, please refer to the Small Business Administration website, https://www.sba.gov/. (more specific option https://www.sba.gov/federal-contracting/contracting-guide/size-standards).

11. Organizational Conflicts of Interest Disclosure - Advisory and Assistance Subcontracts

Organizational conflict of interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to LW Contractor or the Government, or the person's objectivity in performing the subcontract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

An offeror notified that it is the apparent successful offeror shall provide the statement described in Paragraph A of this provision. For purposes of this provision, "apparent successful offeror" means the proposer selected for final negotiations.

The disclosure must contain ONE OF the following (A or B):

A. A statement that no actual or potential conflict of interest or unfair competitive advantage exists with respect to the advisory and assistance services to be provided in connection with the instant subcontract or that any actual or potential conflict of interest or unfair competitive advantage that does or may exist with respect to the subcontract in question.

B. A statement of any past (within the past twelve months), present, or currently planned financial, contractual, organizational, or other interests relating to the performance of the statement of work. For contractual interests, such statement must include the name, address, telephone number of the client or client(s), a description of the services rendered to the previous client(s), and the name of a responsible officer or employee of the offeror who is knowledgeable about the services rendered to each client, if, in the 12 months preceding the date of the statement, services were rendered to the Government or any other client (including a foreign government or person) respecting the same subject matter of the instant solicitation, or directly relating to such subject matter. The agency and contract number under which the services were rendered must also be included, if applicable. For financial interests, the statement must include the nature and extent of the interest and any entity or entities involved in the financial relationship. For these and any other interests enough such information must be provided to allow a meaningful evaluation of the potential effect of the interest on the performance of the statement of work.

Failure of the offeror to provide the required statement may result in the offeror being determined ineligible for award. Misrepresentation or failure to report any fact may result in the assessment of penalties associated with false statements or such other provisions provided for by law or regulation.

https://www.sba.gov/ https://www.sba.gov/federal-contracting/contracting-guide/size-standards https://www.sba.gov/federal-contracting/contracting-guide/size-standards

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12. Service Contract Act Wage Determination

The Service Contract Act of 1965 will apply to the subcontract to be awarded. The offeror and any lower tier subcontractor shall pay each service employee not less than the minimum monetary wages and furnish fringe benefits in accordance with the wage determination(s) attached to the Draft of Subcontract. The offeror shall take this into consideration when preparing a proposal.

Wage Determination No. 2015-4461 Revision No. 12 Wage Determination No. 2015-4465 Revision No. 11

13. Notification of Award (NOA)

An unsuccessful offeror may obtain information regarding the award under this solicitation in accordance with the following:

For awards in excess of $100,000, when the award is made on technical factors or a combination of technical and price factors, LW Contractor will provide award information if requested by an unsuccessful offeror. The award information shall be provided orally and will be limited to providing the name of the successful offeror and the amount of the award. A debriefing may be provided, but must be requested in writing within 10 days from the date the offeror receives the NOA information. During the debriefing, relative strengths and weaknesses of the offeror’s proposal will be discussed in relation to the evaluation criteria.

Responses to requests for information will be made by LW Contractor as soon as practicable after award.

14. Resolution of Supplier Complaints/Inquiries (LW Contractor Ombudsman)

LW Contractor purchases are not Federal procurements and therefore not governed by the traditional formality, and customs, statutes and regulations associated with Federal procurements.

This includes Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiation and the Federal protest process. Also, the Government Accountability Office (GAO) and the Department of Energy do not accept protests regarding LW Contractor procurements. Any issues or complaints regarding this solicitation may be addressed to the LW Contractor Procurement Representative.

It is the policy of LW Contractor that all employees, in the performance of their respective responsibilities, shall conduct themselves in the highest possible standards of ethical and business conduct. LW Contractor has established an Ombudsman in the LW Contractor Compliance Department of the Office of General Counsel, who is responsible for resolving supplier complaints or inquiries that have not been satisfactorily resolved by the Procurement Representative, or their Manager, regarding this solicitation and any subsequent award of a subcontract. The Ombudsman may be contacted by phone at (803) 557-8825. The Ombudsman will investigate the complaint or inquiry and provide the caller with a response. The caller may remain anonymous, if he or she chooses.

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15. Notice of Small Business Set-Aside

Proposals are solicited only from small business concerns as defined in FAR, Part 19. Proposals received from concerns that are not small business concerns will not be considered. By submission of a proposal, the offeror certifies that it meets the requirements of a small business concern under the criteria and size standards in this solicitation.

16. Transition and Communication Plans

Given the number of current staff augmentation personnel supporting the Contractor, a detailed Transition and Communications Plan will be a required submittal after award for Contractor approval. However, in order to ensure that the Offeror has an understanding of the process and complexity involved in transitioning a significant number of personnel, the Offeror shall include a summary of its proposed Transition and Communications Plan in its proposal. The summary shall include a description of all necessary transition and communications activities, involved organizations, and transition schedule. The Plan shall also address the Offeror’s proposed approach to keep the direct rate of pay and fringe benefits of current staff augmentation personnel substantially equivalent upon transition. The objectives of the plan are to prepare for implementation of the resulting Subcontract and minimize the impacts on continuity of operations.

The Offeror will be responsible for performing due diligence to ensure that all transition activities are identified and completed during the Transition Period. The Transition and Communications Plan summary should include sufficient details for Contractor to evaluate the Offeror’s understanding and preparedness for undertaking the transition of current staff augmentation personnel from predecessor Subcontractors.

17. Industry Comments

The Final RFP for this 2020 Staff Aug BOA will consider the industry feedback. Feedback must be provided in the format identified in Attachment # 8.

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SECTION II. BASIS FOR AWARD

A. Preface

1. Any award resulting from this solicitation will be made to that offeror whose proposal provides the best value to LW Contractor. This best value determination will be at the sole discretion of LW Contractor and could result in an award to other than the lowest price proposal. Proposals will be evaluated by LW Contractor in accordance with the evaluation criteria described in paragraphs B. and C. below.

2. Section III of this solicitation provides guidance to the offeror concerning the format and type of information that will be used by LW Contractor to evaluate proposals. It is important that adequate and specific information be furnished in the offeror's initial proposal submission because it is possible for an award to be made without communications or negotiations with every supplier.

3. LW Contractor anticipates the award of multiple unfunded non-exclusive Basic

Ordering Agreements under this solicitation. However, LW Contractor reserves the right to change the number of awards, if the Procurement Representative considers such action to be in the best interest of LW Contractor. LW Contractor also reserves the right to:

a. Reject any or all proposals received in response to this solicitation.

b. Waive informalities and minor irregularities in proposals received.

c. Negotiate separately with any offeror in the event the Procurement

Representative considers such action to be in the best interest of LW Contractor.

d. Conduct a pre-award survey, at the offeror's facility.

e. Cancel this solicitation in its entirety.

f. Accept other than the lowest priced offer.

g. Limit the number of proposals to the greatest number that will permit an efficient competition among the best proposals.

B. Relative Importance of Evaluation Criteria

1. There are three categories of evaluation criteria as follows:

a. Capability

b. Overall Cost to LW Contractor

c. Program Policy Factors

2. The Capability and the Overall Cost to LW Contractor criteria are of equal importance.

3. LW Contractor will use its business judgement to determine Capability as well as determine the trade off between Capability and Overall Cost that promises the

Page 9 of 15 (5)RFP Services and Construction Rev 9, 10/22/19 greatest value to LW Contractor.

C. Evaluation Criteria

1. Capability

The capability of the service offered to meet LW Contractor needs including the experience and past performance of the offeror in providing the service.

2. Overall Cost to LW Contractor

The overall cost to LW Contractor will be (Describe how the total price will be determined. This description should include the disposition of option pricing if necessary. [i.e. whether or not it will be included in the evaluated price]. ) and any additional cost LW Contractor or the Government must incur to accept an Offeror’s proposal.

3. Program Policy Factors

Program Policy Factors may be used during the selection process to best achieve DOE/SRR program objectives and socioeconomic goals.

Factors may include:

It is desirable to select for award vendors which represent a diverse socioeconomic classification.

It is desirable to select for award vendors which represent a diversity of technical approaches, methods, applications and/or market segments.

It may be desirable to support complementary and/or duplicative efforts, which, when taken together, will best achieve the goals and objectives.

It may be desirable that different kinds and sizes of vendors be selected for award in order to provide a balanced programmatic effort and a variety of different technical perspectives.

It is desirable to select for award vendors which represent specific geographic locations.

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SECTION III. PROPOSAL INSTRUCTIONS

A. Proposal Organization

1. The offeror's proposal may be submitted as set forth below:

Volume 1 – Technical/Management

Volume 2 - Pricing

Volume 3 – Other Information

2. Each volume may be submitted in loose-leaf format and contained in three-ring binders.

Each binder may be labeled with the volume number, solicitation title, and company name.

3. Proposals shall be submitted to the Procurement Representative identified in Section I.

It is the responsibility of each offeror to verify the number of solicitation addenda issued, if any, and acknowledge that their proposal responds to such addenda.

B. Proposal Content

1. Volume 1 – Technical/Management

a. The To aid in the evaluation of proposals, this volume may be in the following format and tabbed as follows:

(1) Table of Contents

(2) List of Tables and Illustrations

(3) Discussion – This section shall demonstrate the offeror’s capability to meet the requirements of the technical/management evaluation criteria contained in Section II of the solicitation. This discussion shall also follow the same order as the evaluation criteria listed in Section II, and each narrative should be identified with the pertinent evaluation criteria number and tabbed as follows:

Criterion C. 1. a. Technical and Organizational Approach

Criterion C. 1. b. Qualification of Personnel

As a minimum, provide a resume, complete with references, for the Program Manager described in Section _____ of the Scope of Work.

Resumes for other Key Personnel may be submitted also.

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Criterion C. 1. c. Resource Commitment

Criterion C. 1. d. Past Performance

As a minimum, each offeror must submit specific past performance data for contracts within the last three (3) years, as follows:

i. One or more projects completed for work comparable to that contained in the Scope of Work.

ii. References associated with each project submitted.

iii. Current address and telephone number of a contact person in each organization submitted as a reference.

Criterion C. 1. e. Recruiting Capability

i. Offeror’s proposal shall describe its overall management approach including management aspects of recruiting in relation to the requirements of this effort. Demonstrate Offeror’s ability to recruit within the Aiken – Augusta areas, and surrounding counties, for the Job Categories listed in Attachment 1. The Offeror shall provide an organizational plan that demonstrates how it will provide home office Human Resources support, and at least one (1) qualified professional recruiter. The organizational plan shall include the Offeror’s proposed organizational chart, including number of employees, their position descriptions and titles of all personnel (including Key Personnel) and experience, as well as any Lower-Tier Subcontractors.

ii. The Offeror’s proposal shall also discuss in this section, its approach for recruiting and retaining personnel. The proposal should describe how selective the Offeror is going to be in recruiting personnel. Contractor is interested in evaluating the Offeror’s ability to: (1) discern and communicate Contractor’s resource needs; (2) search for qualified candidates; and (3) provide high-quality staffing services. The proposal should also address how the Offeror would adjust their approach to recruiting and retaining personnel based on Contractor feedback.

The Offeror shall provide a resume for the proposed Professional Recruiter required as Key Personnel and include copies of any relevant certifications attained by the proposed candidate. The resume shall address the experience, knowledge, skills, and demonstrated abilities to manage and lead recruitment for this specific scope of work.

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iii. The Offeror shall also provide the resume, job description and title of the individual(s) with primary responsibility for being the liaison between the Offeror’s employees and the Offeror’s home office.

2. Volume 2 – Pricing

b. The offeror shall present a completed Price Schedule, which is the Price

Schedule attached to this section or contained in Section IV, Draft of Subcontract. The proposed price shall include costs associated with the following, if applicable to this solicitation:

(1) Substance Abuse Program and Suitability for Acceptance for Employment.

Refer to the article entitled “Workplace Substance Abuse Program,” in the General Provisions.

(2) Badging and Security Education Requirements. Refer to the articles entitled, “Badging Requirements” and “Security Education Requirements for Subcontractors,” in the General Provisions.

(3) General Employee Training. Refer to the article entitled, “General

Employee Training and Consolidated Annual Training for Subcontract Employees,” in the General Provisions .

LW Contractor, as a Department of Energy Contractor, is entitled to your best pricing, including GSA contract pricing. Therefore, if your pricing is based on a GSA contract, a published price list, catalog price, etc.; please provide a copy of the appropriate document.

d. The offeror must state in the proposal that, "No deviations or exceptions to the solicitation, proposed subcontract and its attachments, are taken related to the technical or commercial requirements." If the offeror fails to make this statement or lists deviations or exceptions to the technical or commercial requirements, the entire proposal may be deemed to be unacceptable.

However, if an offeror does propose an exception or deviation, they must:

(1) Individually address each one;

(2) Identify the addressed area by section and paragraph number;

(3) Provide written justification or explanation for each one; and

(4) Present solutions or recommendations.

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3. Volume 3 - Other Information

a. The offeror shall submit the following with the proposal. The items listed below can be obtained by downloading from the Savannah River Site Internet Homepage at:

www.srremediation, Business Opportunities when so indicated. Copies are also available upon request from the Procurement Representative.

(1) The complete name and address of the offeror, point of contact, telephone number, email address and Dun & Bradstreet identification number of the offeror.

(2) A completed, signed copy of the Representations and Certifications (SRR-

PPS-2009-00059) for Commercial Goods and Services.

C. Offeror Notifications

1. The offeror is notified of the following:

a. A completed copy of the LW Contractor Vendor Authorization for Automatic

Electronic Deposit of Invoice Payments form, that is available on the Savannah River Site Internet Homepage, must be submitted no later than 15 days after subcontract award.

b. If you are a nonresident South Carolina Subcontractor and LW Contractor has not previously obtained the I-312 Form (State of South Carolina “Nonresident Taxpayer Registration Affidavit Income Tax Withholding”) from you, your payments under a LW Contractor subcontract ($10,000 or more) may have a two percent (2%) South Carolina withholding tax deducted. Reference the article entitled, “Tax Withholding for Nonresidents.” in the General Provisions. To avoid this 2% reduction from your payments, register with the South Carolina Department of Revenue with a SCTC-111 form and fax it to (803) 898-5888, Attention: Patricia Brunson. Upon receipt of a confirmation letter from the Department of Revenue, complete an I-312 form. Fax the completed form in advance of the first payment due date to (803) 952-8843 or send the completed form to: Savannah River Remediation, Accounts Payable/Cash Management, Aiken, SC 29808. The above forms are available on the South Carolina Department of Revenue homepage at http://www.sctax.org. (Click on the link “Forms and Instructions”). If there are any questions concerning compliance with the South Carolina Tax Code, please contact the South Carolina Department of Revenue at (803) 898-5872. Other questions can be directed to E-mail address:

srraccountspayable@srs.gov.

2. A Certificate of Insurance, evidencing the requirements of the article entitled “Work on LW Contractor, Government, or other Premises” in the General Provisions must be http://www.srremediation/ http://www.sctax.org/ mailto:srraccountspayable@srs.gov

Page 14 of 15 (5)RFP Services and Construction Rev 9, 10/22/19 submitted to the LW Contractor Procurement Representative (preferably upon notification of award) but before work is commenced under the subcontract. The subcontractor shall include with the certificate a copy of the written policy endorsement naming LW Contractor and the Government as additional ensured under the policy for comprehensive general liability insurance.

Additional information regarding the Service Contract Act entitled, "Information to Offerors-Service Contract Act of 1965", Document No. SRR-PPS-2009-00019 is available on the Savannah River Site Internet Homepage.

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SECTION IV, DRAFT OF SUBCONTRACT (Attached)

RFP No. Click here to enter text.

(3)Subcontract Section IV Template-Fixed Price Service Rev 4 10/22/2019

SECTION IV, DRAFT OF SUBCONTRACT

SAVANNAH RIVER REMEDIATION LLC

TO: Staff Aug Company (Subcontractor’s Name & Address)

SUBCONTRACT NO. TBD

DATE: TBD

This Subcontract is entered into by and between Savannah River Remediation, a Limited Liability Corporation (LLC) organized and existing under the laws of the State of Delaware (“SRR”), and TBD (“Subcontractor”).

WITNESSETH:

WHEREAS, SRR has undertaken to perform work for the SRS Liquid Waste Operations Program at the Savannah River Site for the United States of America (the “Government”), represented by the U. S. Department of Energy (“DOE”), in accordance with Contract Number DE-AC09- 09SR22505, as amended or modified (the “Principal Contract)”; and

WHEREAS, SRR desires to avail itself of the services of the Subcontractor in connection with work under the Principal Contract.

NOW, THEREFORE, the parties agree that the Subcontractor shall furnish all labor, material, supplies, facilities, equipment, personnel, services, and all other necessary and incidental related items to SRR, all as more fully described in this Subcontract.

IN WITNESS WHEREOF, the parties have executed this document as of the day and year of the SRR Procurement Representative’s signature.

Savannah River Remediation LLC

Click here to enter text.

Procurement Representative’s Name

Signature

Title Date

Subcontractor’s Name

Click here to enter text.

Name (Type/Print)

Signature of Person Authorized to Sign

Title Date

Subcontract No. TBD

TABLE OF CONTENTS

Article No. Page Number

1. Job Description

2. Type of Subcontract

3. Compensation for Release

4. Period of Performance

5. Option to Extend Period of Performance

6. SRR End User

7. Subcontractor’s Authorized Representative (SAR)

8. Key Personnel

9. Individual Releases Ordering Procedure

10. Correspondence Procedures

11. General Provisions

12. Approval of Subcontractor Overtime

13. Business Travel

14. Payment

15. Service Contract Act

16. Subcontractor Submittals

17. First Aid Facilities

18. Attachments

19. Entirety

1. Job Description

Provide Staff Augmentation Support Services via the establishment of Basic Ordering Agreements (BOA) in multiple departments, such as, but not limited to, the following:

(see Attachment 1 for sample Job Descriptions)

Accounting Integration Management Business Information Technology Clerical Procedures Construction Project Controls Design Authority Quality Assurance and Quality Control Design Services Radiological Controls Engineering Safety and Health Estimating Supply Chain Management Human Resources Training Industrial Hygiene Talent Acquisition

2. Type of Subcontract

This is a Basic Ordering Agreement (BOA) in the amount of $TBD with General Provisions Time and Material/Labor Hour, SRR-PPS-2009-00004, Rev. 11, Dec 30, 2019 incorporated.

A. This is a Basic Ordering Agreement for the services set forth per the pricing methodology defined in Attachment 2, Price Schedule. All work will be authorized via individual Releases. Each Release will include at a minimum,

1) an authorized funding not-to-exceed (NTE) amount,

2) a defined period of performance,

3) fixed hourly labor rates (both straight time and overtime)

4) estimated costs for Business Travel, if applicable, The labor rates will include Direct Labor, Overhead, General& AdminiEnd Userative (G&A), Fringe and Profit only. Any costs associated with Business Travel shall be billed to SRR separately as a End Useraight pass-through, i.e., at the exact cost of these charges with no Overhead, G&A, Fringe or Profit added. The Total Markup Percentages for End Useraight Time and Overtime will remain firm for the duration of the BOA.

B. The Subcontractor shall not exceed the NTE amount of each authorized Release without a formal executed Change Notice to the Release.

C. SRR is not obligated to pay the Subcontractor in excess of the NTE amount and the

Subcontractor is not obligated to continue performance beyond the NTE amount unless the requirements of paragraph B of this article are met. Subcontractor is required to notify SRR when 75% of the NTE amount is expected to be reached.

3. Compensation for Release

The Subcontractor will be compensated in accordance with the Price Schedule which will be identified and incorporated into each individual Release awarded by SRR.

4. Period of Performance

The Subcontract period of performance shall be four (4) years from the date of award.

5. Option to Extend Period of Performance

SRR reserves the unilateral option to extend the Subcontract period of performance for three (3) 1-year periods.

6. SRR End User

A. Technical direction for performance of the work under the Subcontract shall be given by the

End User in accordance with this article. The designated End User for the Subcontract is

TBD.

B. The term “Technical Direction” is defined to include without limitation:

1. Direction to the Subcontractor that fills in details or otherwise serves to accomplish the scope of work.

2. Provision of written information to the Subcontractor which assists in the interpretation of drawings, specifications, or technical portions of the scope of work.

3. Review and, where required by the Subcontract, approval of technical reports, drawings, specifications, and technical information to be delivered to SRR under the Subcontract.

C. Technical direction must be within the scope of work stated in the Subcontract. The End

User does not have the authority to, and may not, issue any technical direction that:

1. constitutes an assignment of additional work outside the scope of work

2. constitutes a change as defined in the General Provisions article entitled “Changes, Extras and Substitutions”

3. in any manner causes an increase or decrease in the Subcontract “not-to-exceed amount”

4. changes any of the expressed terms, conditions or specifications of the Subcontract; or

5. interferes with the Subcontractor’s right to perform the terms and conditions of the Subcontract.

D. All technical directions shall be issued in writing by the End User .

E. The Subcontractor shall proceed promptly with the performance of technical directions duly issued by the End User in the manner prescribed by this article and within his authority under the provisions of this article.

F. If, in the opinion of the Subcontractor, any instruction or direction by the End User falls within one of the categories defined in C.1 through 5 above, the Subcontractor shall not proceed but shall notify the Procurement Representative in writing within five (5) working days after receipt of any such instruction or direction, and shall request the Procurement Representative to modify the Subcontract accordingly.

G. Upon receiving the notification from the Subcontractor, the Procurement Representative shall:

1. Advise the Subcontractor in writing within thirty (30) days after receipt of the Subcontractor’s letter that the technical direction is within the scope of the Subcontract effort and does not constitute a change under the General Provisions article entitled “Changes, Extras and Substitutions”; or

2. Inform the Subcontractor in writing within thirty (30) days after receipt of the

Subcontractor’s letter not to perform under the direction and to cancel the direction; or

3. Advise the Subcontractor within a reasonable time that SRR will issue a written change notice.

H. A failure of the Subcontractor and the Procurement Representative to agree that the technical direction is within the scope of work, or a failure to agree upon the contract action to be taken with respect thereto, shall be subject to the General Provisions article entitled “Disputes”.

7. Subcontractor’s Authorized Representative (SAR)

A. The Subcontractor shall designate a person who will be the SAR for technical and adminiEnd

Userative performance of all work under the Subcontract. The SAR shall provide the principal point of contact between the Subcontract Technical Representative (STR), or End User if an STR is not appointed. All administrative support for technical personnel required to fulfill the Job Description shall be the responsibility of the Subcontractor.

B. The SAR shall receive and execute, on behalf of the Subcontractor, such technical directions as the End User may issue under the Subcontract.

C. The Subcontractor agrees that it will emphasize to its employees that they are employees of the Subcontractor and, as such, should look to the Subcontractor’s Worker’s Compensation Program to provide the remedy for any work-related injuries.

D. If the scope of this Subcontract requires that any part of the work (manual or non-manual work) be performed on the Savannah River Site, the SAR shall ensure that the STR or End User is notified prior to any employees report to the SRS to perform such work.

8. Key Personnel

The Subcontractor shall provide the key personnel identified below in accordance with this article.

These personnel are considered to be essential to the work being performed under the Subcontract.

Prior to diverting any of the specified individuals to other programs, the Subcontractor shall notify the Procurement Representative reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Subcontractor, provided that SRR may ratify in writing such diversion and such ratification shall constitute the consent of SRR required by this article. The Subcontract may be amended from time to time, or an adminiEnd Userative letter may be issued, to either add or delete personnel, as appropriate.

Name Title

TBD TBD

9. Individual Releases Ordering Procedure

A. Individual releases will be made against this Basic Ordering Agreement. If Company A is awarded the staffing for 8 mechanical engineers, then 8 individual releases will be made against BOA holder agreements. Releases will be made against individual names so invoicing must also reflect same methodology. The release number must match with the individual’s name.

B. The Subcontractor shall submit a specified number of resumes including Pricing Proposal(s) to the Procurement Representative within five working days, or a longer period as the Procurement Representative may authorize in writing. The Proposal shall include the following:

1. Availability of the proposed individual(s).

2. Identify Labor Category that individual is submitted for consideration.

3. A Proposal that identifies the Straight Time Dollar Rate per Hour and an Overtime

Dollar Rate per Hour fixed hourly labor rates (both straight time and overtime), and estimated costs for Business Travel (if any). The labor rates will include Direct Labor, Overhead, General & Administrative (G&A), Fringe and Profit only. Any costs associated with Business Travel shall be billed to SRR separately as a straight pass-through, i.e., at the exact cost of these charges with no Overhead, G&A, Fringe or Profit added.

4. Total estimated cost for Release.

C. When the Proposal is accepted by SRR, a Release will be issued and acceptance shall be indicated by signatures of the SRR Procurement Representative and an authorized representative of the Subcontractor.

D. Revisions to the Releases job descriptions, authorized funding, period of performance or any other contractual terms and conditions may only be authorized via issuance of a Change Notice to the Basic Ordering Agreement, signed by the SRR Procurement Representative and an authorized representative of the Subcontractor.

E. The Subcontractor will not be reimbursed for work performed without the prior authorization of the Procurement Representative. In addition, the Subcontractor will not be reimbursed for costs in excess of the total authorized funding or beyond the end date unless the purchase order is revised by the Procurement Representative.

F. Nothing in this article shall be construed to constitute authorization for work beyond the subcontract articles identified for "Authorized Funding” or "Period of Performance."

G. SRR reserves the right to compete awards of individual Releases with th Basis of Award being

“Best Value” or the “Lowest Price/TechnicallyAcceptable.”. SRR also reserves the right to negotiate and award individual Releases on a non-competitive basis.

10. Correspondence Procedures

A. Technical correspondence (as used herein, this term excludes technical correspondence where patent or technical data issues are involved and correspondence which proposes or otherwise involves waivers, deviations, or modifications to the requirements of the Subcontract) shall be addressed to the End User with an information copy of the basic correspondence to the Procurement Representative. The End User’s address is:

Attn: TBD Building No. Click here to enter text.

Aiken, SC 29808

Telephone No.: (803) Click here to enter text.

Telefacsimile No.: (803) Click here to enter text.

E-mail address: Click here to enter text.

B. All other correspondence shall be addressed to the Procurement Representative with information copies of the basic correspondence to the End User. The Procurement Representative’s mailing address is:

Attn: Debbie Pope Building 707-9B, Room 11 Aiken, SC 29808

Telephone No.: (803) 952-9241 Telefacsimile No.: (803) 952-5624 E-mail address: debbie.pope@srs.gv

C. The Subcontract may be amended from time to time, or an administrative letter may be issued to change the End User or Procurement Representative.

11. General Provisions

General Provisions for Time and Material/Labor Hour Contracts, SRR-PPS-2009-00004, Revision No, 11, are applicable to the Subcontract, Attachment No. 3 . The following Optional Articles of the General Provisions also apply: G.5, G.6, G.8, G.10, G.13, G.14, G.15, G.16, G.19, G.20, G.24, G.25, G.26, G.28

12. Approval of Subcontractor Overtime

The Subcontractor shall obtain the Procurement Representative’s pre-approval prior to utilizing overtime that will be charged under the Subcontract. If the Procurement Representative has previously authorized a specified number of overtime hours under the Subcontract, the End User has the authority to authorize the Subcontractor to perform overtime work within the limit of the authorized overtime hours. The Subcontractor shall include a copy of the overtime pre-approval letter with the invoice submitted for payment. The Subcontractor shall include with each invoice a summary of the hours by employee (End Useraight and overtime) charged to the Subcontract.

13. Business Travel

SRR shall reimburse the Subcontractor for business travel expenses incurred under the Subcontract in accordance with the Travel Compensation Schedule for Subcontractors, SRR-PPS-2009-00015, Revision No. 0 , Attachment No. 4 .

14. Payment

A. The Subcontractor shall invoice SRR upon completion and acceptance of the Subcontract work.

The Subcontractor shall invoice SRR monthly (or more frequently if approved by the Procurement Representative) for work completed and accepted under the Subcontract in accordance with the Price Schedule, Attachment No. 2 . The invoice shall include, as a minimum, the Subcontract Number, the invoice period, the charges for work as identified in the Price Schedule, Attachment No. 2 and the cumulative charges to date. Invoices that include price elements not contained in the Price Schedule and/or are not in accordance with the requirements of this article will be returned unpaid. Any invoices submitted without detailed substantiation of charges will be rejected. A reasonable detail of costs includes, but is not limited to:

(1) Labor distribution sheet showing:

(i) Names of each person worked with description of activity(s) for which the employee(s) is being compensated

(ii) Labor categories used

(iii) Hours expended for each individual

(iv) Direct labor rate(s) for each category

(v) Direct labor costs for each category

(vi) Overhead rate(s) and total

(2) G&A (if applicable)

(3) Travel costs (number of trips and of days in an official travel status, location of travel)

(4) Material costs & other direct costs (with identification of large purchases)

B. One original and one copy of the invoice, with all supporting documentation, shall be sent to the following address:

Savannah River Remediation LLC Savannah River Site Aiken, SC 29808 Attn: Accounts Payable E-mail Address: srraccountspayable@srs.gov

The Subcontractor shall make the following certification on each invoice submitted: (1) The request for payment is true and correct; this request (and attachments) has been prepared from the books and records of the Subcontractor in accordance with the Subcontract and invoice instructions of SRR. (2) Except as reported in writing on Click or tap to enter a date., all payments to lower tier suppliers and subcontractors under this Subcontract have been paid, or will be paid, currently, when due in the ordinary course of business. (3) There are no encumbrances, except as reported in writing on Click or tap to enter a date. against the property acquired or produced for, and allocated or properly chargeable to, the Subcontract which would affect or impair the Government's title or rights, (4) There has been no materially adverse change in the financial condition of the Subcontractor since the submission by the Subcontractor to SRR of the most recent written information dated Click or tap to enter a date. (5) After the making of this requested payment, the amount of all payments for the remainder of the Subcontract shall not exceed any limitation in the Subcontract, and the amount of all payments under the Subcontract will not exceed any limitation of the Subcontract..

C. In connection with any discount offered for payment, time will be computed from the receipt date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the date on which an electronic funds transfer was made.

mailto:srraccountspayable@srs.gov

D. Payments under this Subcontract shall be by Electronic Funds Transfer (EFT) in accordance with the Article No. of the Click here to enter text. General Provisions entitled "Payment by Electronic Funds Transfer." The Subcontractor shall submit no later than 15 days after award, the form entitled "SRR Vendor Authorization for Automatic Electronic Deposit of Invoice Payments" which is available on Savannah River Site Internet Homepage at http://www.srremediation.com, Business Area. The completed form shall be delivered to the above office with a copy to the Procurement Representative.

E. Payment terms of Net 30 shall apply to the Subcontract.

15. Service Contract Act

The Subcontract is subject to the Service Contract Act of 1965, as amended, in accordance with the General Provisions. The Subcontractor and any lower tier supplier or subcontractor shall pay each service employee not less than the minimum monetary wages and furnish fringe benefits in accordance with the wage determination(s) of Attachment No. 6. In the event the U.S. Department of Labor issues revisions to the wage determinations in the attachment, the Subcontractor may be entitled to an equitable adjustment in Subcontract price.

16. Subcontractor Submittals

All Subcontractor document submittals to SRR or SRR’s designated design agency for information or approval shall be prepared and submitted in accordance with the Job Description. This includes but is not limited to drawings, specifications, procedures, plans, manuals, quality control documents, etc. These submittals shall be sent to the following addresses:

Savannah River Remediation LLC Document Submittal Form with Originals Document Control Center 704-1N, Room 118 Aiken, SC 29808

Savannah River Remediation LLC Copy of Submittal Form Only Debbie Pope Building 730-2B Aiken, SC 29808

Any corrections made to documents submitted as a requirement of this Subcontract must be made by drawing a single line through the incorrect information and initialing and dating the correction by an authorized representative. Corrections by any other means will not be accepted. Documents must be legible, permanent (non-erasable), and of reproducible microfilm quality.

http://www.srremediation.com/

17. First Aid Facilities

A. The Subcontractor must arrange for its own first-aid treatment. However, where SRR or the

Government have first-aid facilities they will make available their first-aid facilities for the treatment of employees of the Subcontractor for life threatening injuries or illness while engaged in the performance of the Work under this Subcontract.

B. If first-aid facilities and/or services are made available to the Subcontractor’s employees then, in consideration for the use of such facilities and the receipt of such services, the Subcontractor agrees:

1. To release, defend, indemnify and hold harmless SRR the Government and their authorized representatives, successors, or assigns, and all of their officers and employees from and against any and all claims, demands, liabilities, including attorney's fees, arising from the receipt of such services or the use of such facilities by Subcontractor's employees, except for claims and demands arising out of the sole active negligence of SRR the Government or any of their representatives.

2. Upon receipt of any notice from SRR or the Government of any such claim, demand or liability being pursued against SRR or the Government, to not only undertake the defense of such claim, demand, or liability, but also upon entry of judgment, to make any and all payments necessary thereunder, and

3. That in the event any of the Subcontractor’s employees require off-site medical services, including transportation thereto, the Subcontractor shall promptly pay for such services directly to the providers thereof.

18. Attachments

The following attachments are incorporated into and made part of the Subcontract:

The items listed below can be obtained by downloading from the Savannah River Site Internet Homepage at http://www.srremediation.com, Business Area when so indicated. Copies are also available upon request from the Procurement Representative.

Attachment # 1 Job Descriptions Attachment # 2 Price Schedule Attachment # 3 General Provisions Attachment # 4 Travel Compensation Schedule – SRS Homepage Attachment # 5 Information to Offerors Service Contract Act Attachment # 6 Service Contract Act Wage Determination Attachment # 7 Holidays Attachment # 8 Industry Comment Template http://www.srremediation.com/

19. Entirety

This document and the attachments specifically referred to in this agreement embody the entire Subcontract and understanding between SRR and the…