Enclosure 2 - 89303320REM000066.pdf

89303320REM000066

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

1 200

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

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

02/11/2021 X

893033

EM -Environmental Mgmt Con Bus Ctr

EMCBC

U.S. Department of Energy EM Consolidated Business Center 550 Main Street, Room 7-010 Cincinnati OH 45202

See Section L.11, paragraph (c) Number of copies varies - see L.11(c)

1600 ET 03/29/2021

Michael J. Forsgren 513 Michael.forsgren@emcbc.do e.gov246-0478

X

X

X

X

X

X

X

X

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PAGE(S)

Michael J. Forsgren

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 200

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

89303320REM000066

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

Period of Performance: 10/01/2021 to 09/30/2031

00001 Moab Remedial Action Contract (Moab RAC)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

MOAB RAC – FINAL RFP – PROJECT COMPLETION SECTION B

SOLICITATION NO. 89303320REM000066

B-i

Part I – The Schedule

Section B

Supplies or Services and Prices/Costs

B-1

B.1 DOE-B-2012 Supplies/Services Being Procured/Delivery Requirements (Oct 2014)

The Contractor shall furnish all personnel, facilities, equipment, material, supplies, and services

(except as may be expressly set forth in this Contract as furnished by the Government) and otherwise do all things necessary for, or incident to, the performance of work as described in Section C, Performance

Work Statement (PWS) under this Contract and resulting Task Orders.

The Contractor shall provide the requested services, within the minimum and maximum quantities as specified in Section B.3 below, on a schedule to be specified by the Government in accordance with the

Contract clause in Section H, Task Ordering Procedure.

B.2 Type of Contract

This is an Indefinite-Delivery/Indefinite-Quantity (IDIQ) Contract under which Cost-Reimbursement

(CR) and/or Fixed-Price (FP) Task Orders may be issued. CR task orders can include, but are not limited to, CR no fee, Cost-Plus-Incentive-Fee (CPIF), Cost-Plus-Award-Fee (CPAF), and Cost-Plus-Fixed-Fee

(CPFF) task orders. FP task orders can include, but are not limited to, Firm-Fixed-Price (FFP) (including firm-fixed unit price) task orders. The preference is CPIF and FFP Task Orders. Task Orders will define objective performance criteria for completion of End States to the maximum extent practical. The term

“End State” is defined as the specified situation, including accomplishment of completion criteria, for an environmental cleanup activity at the end of the Task Order period of performance (POP).

Table B-1. Master IDIQ Contract Line Item Number (CLIN) Structure

CLIN CLIN Title Maximum Value of Services Contract Ordering Period

00001 Moab Remedial Action

Contract (Moab RAC)

$613.9 Million Ten (10) years from the effective date of Contract.

Each Task Order will include a price based on the Contractor’s price proposal for the Task Order (see

Section H, Task Ordering Procedure), negotiations, and agreement on price; and the requisite clauses depending on the Task Order type (including but not limited to the following clauses (a) through (e)).

Fill-ins will be completed at the Task Order level.

(a) DOE-B-2001 Cost-Plus-Fixed-Fee Task Order: Total Estimated Cost and Fixed Fee (Oct 2014)

(Revised)

(1) This is a Cost-Plus-Fixed-Fee type Task Order. In accordance with the clause at FAR 52.216-8, Fixed Fee, the total estimated cost and fixed-fee for this Task Order are as follows:

Total Estimated Cost: $[insert total estimated cost]

Fixed Fee: $[insert fixed fee]

(2) The Total Estimated Cost and Fee of the Task Order, and/or the Total Estimated Cost and Fee of the Task Order Contract Line Items, is as follows:

[insert, if any, line item nos. and associated amounts for cost and fee]

(3) Payment of fee will be made in accordance with [insert instructions for fee payment or title of applicable clause addressing payment].

B-2

(b) DOE-B-2002 Cost-Plus-Award-Fee Task Order: Total Estimated Cost and Award Fee (Oct 2014)

(Revised)

(1) This is a Cost-Plus-Award-Fee type of Task Order. The total estimated cost and award fee are as follows:

Award fee: $[insert available award fee]

(2) The Total Estimated Cost and Fee of the Task Order, and/or the Total Estimated Cost and Fee of the Task Order Contract Line Items, is as follows:

[insert, if any, line item nos. and associated amounts for cost and fee]

(3) Payment of fee will be made in accordance with [insert instructions for fee payment or title of applicable contract clause addressing payment].

(c) DOE-B-2003 Cost-Plus-Incentive-Fee Task Order: Total Estimated Cost and Incentive Fee (Oct

2014) (Revised)

(1) This is a Cost-Plus-Incentive-Fee type Task Order. In accordance with the clause at FAR 52.216-

10, Incentive Fee, the target cost, target fee, maximum and minimum fees, and the target fee increase and decrease ratios for this Task Order are:

Target Cost: $[insert target cost]

Target Fee: $[insert target fee]

Maximum Fee: $[insert maximum fee]

Minimum Fee: 0%

As specified at Section I clause FAR 52.216-10, Incentive Fee, paragraph (e)(1): the fee payable under this contract shall be the target fee increased by thirty (30) cents for every dollar the total allowable cost is less than the target cost or decreased by thirty (30) cents for every dollar the total allowable cost exceeds the target cost. In no event shall the fee be greater than fifteen (15) percent or less than zero percent of the target cost.

(2) The target cost, target fee, minimum and maximum fee, and target fee increase/decrease ratios are applicable to the following Task Order Contract Line Items:

[insert, if any, line item nos. and associated amounts for cost, fee, and fee increase/decrease ratio]

(3) Payment of fee shall be made in accordance with the clause 52.216-10, Incentive Fee and the clause in the Task Order entitled, [insert applicable clause addressing fee payment in addition to

FAR clause].

(d) DOE-B-2004 Cost Task Order - No Fee: Total Estimated Cost (Oct 2014) (Revised)

(1) This is a Cost Task Order with no fee. In accordance with the clause at FAR 52.216-11, Cost

Contract-No Fee, the total estimated cost for this Task Order is:

B-3

(2) The Total Estimated Cost of the Task Order, and/or the Total Estimated Cost of the Task Order

Contract Line Items, is as follows:

[insert, if any, line item nos. and associated amounts for cost]

(e) DOE-B-2006 Firm-Fixed-Price Task Order (Oct 2014) (Revised)

(1) This is a Firm-Fixed-Price Task Order. The Contractor shall provide the following [insert

“supplies” or “services,” as applicable] at the following firm-fixed-unit-prices:

[Insert Listing of Firm-Fixed-Price for the supplies or services]

(2) Payments of the Task Order’s Firm-Fixed-Price will be made in accordance with [insert instructions for payment or title of applicable Task Order clause addressing payment].

B.3 Contract Minimum and Maximum Value of Services

(a) The guaranteed minimum value of task orders to be issued is $100,000.00.

(b) The maximum value of task orders to be issued is $613,900,000.00.

B.4 DOE-B-2013 Obligation of Funds (Oct 2014) (Applies to CR Task Orders only)

(a) Pursuant to the clause of this Contract at FAR 52.232-22, Limitation of Funds, total funds in the amount(s) specified below are obligated for the payment of allowable costs and fee. It is estimated that this amount is sufficient to cover performance through the date(s) shown below.

To Be Determined on a Task Order basis.

B.5 DOE-B-2015 Task Order Fee/Profit Ceiling (Oct 2014) (Revised)

(a) Task Order fee/profit ceilings will adhere to the following criteria.

(1) CPIF Task Orders. The maximum fee amount shall not exceed 15 percent (15%) of the target cost, and shall serve as the maximum fee ceiling. The target fee ceiling amount that can be negotiated is [Offeror Fill-In; not to exceed 10% of the target cost] percent of the target cost.

(2) CPAF Task Orders. The award fee ceiling amount that can be negotiated is not to exceed eight percent (8%) of the estimated cost. There is no base fee available under CPAF task orders.

(3) CPFF Task Orders. The fixed fee ceiling amount that can be negotiated is not to exceed five percent (5%) of the estimated cost.

(4) Hybrid Task Orders. Task orders comprising multiple CLIN types shall apply the fee/profit ceiling(s) at the CLIN level.

(5) Firm-Fixed-Price (including firm-fixed unit price) Task Orders. The profit ceiling amount that can be negotiated, as specified as a percentage of the negotiated cost, is [Offeror Fill-In] percent.

(b) The fee (target, award, or fixed)/profit amount for each Task Order will be negotiated and established based on risk and complexity. The Contractor may propose a fee/profit amount it determines appropriate as long as the proposed amount adheres to the criteria above.

B-4

(c) The ceiling percentage(s) shall at no time exceed any statutory limitations imposed by 10 United

States Code (U.S.C.) 2306(d), 41 U.S.C. 3905, and FAR 15.404-4(c)(4)(i).

B.6 Funding Profile

The planned funding profile per the Government Fiscal Year (FY) is shown below. Funding is subject to

Congressional and Departmental funding authorization.

Government

Fiscal Year

F Y

F Y

$ Amount* 0.4 40.9 40.9 40.9 40.9 40.9 40.9 40.9 40.9 40.9 40.9 204.5

*The dollar amounts are represented in ($M). The provided funding profile represents the Government’s estimate of future funding. This assumed funding is not a guarantee of available funds. Actual funding may be greater or less than these estimates. There is no commitment by DOE to request funds equivalent to this assumed funding. Available funds depend on Congressional appropriations and priorities within the DOE.

The provided funding profile covers estimated costs and fee and/or prices to be identified in Section B of the Task Orders.

** This funding may be available if Task Orders are issued that extend beyond the 10-year ordering period.

B.7 Allowability of Subcontractor Fee (Applies to CR Task Orders only)

(a) If the Contractor has formed and performs the Contract as a teaming arrangement, as defined in FAR

9.601(1) and (2), Contractor Team Arrangement, the team shall share in the total fee for underlying

Task Orders. Separate, additional, subcontractor fee is not an allowable cost under Task Orders for individual team members, or for a subcontractor, supplier, or lower-tier subcontractor that is a wholly-owned, a majority-owned, or an affiliate entity of any team member.

(b) The subcontractor fee restriction in paragraph (a) above does not apply to members of the

Contractor’s team that are: (1) small business(es); (2) Protégé entities as part of an approved

Mentor-Protégé relationship identified in the Contractor’s Diversity Plan as per Section H clause

DOE-H-2046, Diversity Program; (3) subcontractors under a competitively awarded (that is, awarded in a manner that meets all the criteria of full and open competition and results in a reasonable subcontract price) FFP subcontract; or (4) subcontractors providing commercial items as defined in

FAR 2.101, Definitions, if the subcontract price is fair and reasonable.

B.8 Basis for Changes

The Contractor is responsible for total performance of Task Orders issued under this Contract, including its specific technical approach and methods to perform the Task Order PWS, including End States (if applicable). The Contractor is responsible for examining available information, such as drawings and designs, photographs, regulatory documents, and other documents in developing its approach and estimated pricing for individual Task Orders. For all work within the control of the Contractor, the consequences of any adverse Contractor work performance, and the consequences of any regulatory actions in response to adverse Contractor work performance, shall not be a basis for equitable adjustment.

As applicable, Task Orders issued under this contract shall clearly identify the risk ownership for both the

Government and the Contractor such that Task Order changes are minimized to the extent practicable.

(Table with risk ownership to be negotiated and included within individual Task Orders, as applicable)

B-5

B.9 Conditional Payment of Fee - DOE Performance Criteria/Requirements (TAILORED)

This clause supplements Section I clause DEAR 970.5215-3 Conditional Payment of Fee, Profit, and

Other Incentives – Facility Management Contracts – Alternate I, by establishing Site-specific

Environmental, Safety, Health, and Quality (ESH&Q) performance criteria/requirements. This clause does not replace the Section I clause. Performance failures relating to the performance criteria set forth in this clause will be processed in accordance with DEAR 970.5215-3 – Alt. I. Site-specific performance criteria/requirements for ESH&Q are as follows:

(a) First Degree: Performance failures relating to the criteria set forth in this clause will be processed in accordance with DEAR 970.5215-3.

(b) Second Degree: Performance failures relating to the criteria set forth in this clause will be processed in accordance with DEAR 970.5215-3.

(c) Third Degree: Performance failures that reflect a lack of focus on ESH&Q or failures to comply with an approved Integrated Safety Management System (ISMS) that may result in a negative impact to the public, workers, or environment. The following performance failures, or events of similar import, are examples of performance failures that are considered third degree:

(1) Multiple similar non-compliances identified by external oversight (e.g., federal) that in the aggregate indicate a significant programmatic breakdown.

(2) Non-compliances or adverse performance trends that either have or may have significant negative impact to the public, workers, or environment or that indicate a significant programmatic breakdown.

(3) Failure to notify the CO upon discovery of events or conditions where notification is required by the terms and conditions of the Contract.

(4) Failure to report required data accurately and within required timeframes (e.g., within 24 hours of incident).

B.10 Provisional Payment of Fee (Oct 2013) (Revised) (Applies to CR Task Orders only)

(a) Notwithstanding any other term or condition of this Contract and the resulting Task Orders to the contrary, this clause applies to and has precedence over all other terms and conditions of this Contract and the resulting Task Orders that provide for provisional payment of fee.

(b) The Contractor must notify the CO immediately if it believes any incongruence exists between this clause and any other term or condition of this Contract or the resulting Task Orders that provides for provisional payment of fee. If a term or condition of this Contract or the resulting Task Orders provides for provisional payment of fee but fails to include all of the requirements of this clause, that term or condition will be considered to include the omitted requirements.

(c) This clause conforms to the FAR and DOE fee policy and constructs. The following definitions and concepts apply.

(1) Price means cost plus any fee or profit applicable to the Task Order.

(2) The terms profit and fee are synonymous.

B-6

(3) Incentive means a term or condition whose purpose is to motivate the Contractor to provide supplies or services at lower costs, and in certain instances with improved delivery or technical performance, by relating the amount of profit or fee earned to the Contractor’s performance.

(4) Earned fee for an incentive means fee due the Contractor by virtue of its meeting the Task

Order’s requirements entitling it to fee. Earned fee does not occur until the Contractor has met all conditions stated in the Task Order for earning fee.

(5) Available fee for an incentive means the fee the Contractor might earn but has not yet earned.

(6) Provisional payment of fee for an incentive means the Government’s paying available fee for an incentive to the Contractor for making progress towards meeting the performance measures for the incentive before the Contractor has earned the available fee.

(7) Provisional payment of fee has no implications for the Government’s eventual determination that the Contractor has or has not earned the associated available fee. Provisional payment of fee is a separate and distinct concept from earned fee. The Contractor could, for example, receive 100% of possible provisional fee payments yet not earn any fee (the Contractor would be required to return all of the provisional fee payments). The Contractor could, for example, receive 0% of possible provisional fee payments yet earn the entire amount of available fee (it would not receive any fee payments until the Government’s determination that the Contractor had earned the associated available fee for the incentive).

(8) Clause means a term or condition used in this Contract.

(d) The Task Order’s price, incentives included in its price, and all other terms and conditions reflect the

Government’s and the Contractor’s agreement to link, to the maximum extent practical, the

Contractor’s earning of fee to its achievement of final outcomes rather than interim accomplishments.

(e) Certain terms and conditions of the Task Order provide for provisional payment of fee for certain incentives. Other terms and conditions of the Task Order provide for each such incentive the requirements the Contractor must meet to earn the fee linked to the incentive. The terms and conditions of the Task Order that provide for provisional payment of fee for certain incentives include for each such incentive the requirements the Contractor must meet before the Government is obligated to pay fee, provisionally, to the Contractor and for the Contractor to have any right to retain the provisionally paid fee.

(f) The CO, at his/her sole discretion, will determine if the Contractor has met the requirements under which the Government will be obligated to pay fee, provisionally, to the Contractor and for the

Contractor to have any right to retain the provisionally paid fee.

(g) If the CO determines the Contractor has not met the requirements to retain any provisionally paid fee and notifies the Contractor, the Contractor must return that provisionally paid fee to the Government within 30 days:

(1) The Contractor’s obligation to return the provisional paid fee is independent of its intent to dispute or its disputing the Contracting Officer’s determination; and

(2) If the Contractor fails to return the provisionally paid fee within 30 days of the Contracting

Officer’s determination, the Government, in addition to all other rights that accrue to the

Government and all other consequences for the Contractor due to the Contractor’s failure, may

B-7 deduct the amount of the provisionally paid fee from: amounts it owes under invoices; amounts it would otherwise authorize the Contractor to draw down under a Letter of Credit; or any other amount it owes the Contractor for payment, financing, or other obligation.

(h) If the Contractor has earned fee associated with an incentive in an amount greater than the provisional fee the Government paid to the Contractor for the incentive, the Contractor will be entitled to retain the provisional fee and the Government will pay it the difference between the earned fee and the provisional fee.

(i) If provisional fee is provided for under a Task Order and the CO determines the Contractor has met all of the other applicable terms and conditions in both the Task Order and the Master IDIQ Contract required to be eligible for provisional payment of fee and the Contractor has accomplished established incentive(s) under the Task Order, the Contractor is authorized to submit a voucher requesting provisional fee payment not more often than once per calendar quarter, at a prorated amount of up to 50 percent of the target and/or available fee for the Task Order, pending satisfactory performance.

B.11 Limitation of Government’s Obligation (Applies to FP Task Orders only)

(a) This contract’s Fixed-Price Task Orders issued under CLIN 00001 have traditional Federal

Acquisition Regulation fixed prices and contract terms and conditions, with the exceptions that:

Fixed-Price Task Orders issued under CLIN 00001 may be incrementally funded; and if a CLIN or

Task Order is incrementally funded, in the event of termination before it is fully funded the

Government’s maximum liability for the CLIN or Task Order will be the lower of the amount of funds allotted to the CLIN or Task Order or the amount payable to the Contractor per the Termination for Convenience (Fixed-Price) clause of this contract. For each CLIN or Task Order there is:

(1) a fixed price for the action;

(2) a fixed amount of work that corresponds to the fixed price;

(3) a planned funding schedule that corresponds to the fixed price and the fixed amount of work;

(4) no Government obligation to the Contractor until the Government allots funds to the contract for the action;

(5) if the Government allots funds, a maximum Government obligation, including any termination obligations, to the Contractor equal to the allotted funds; and

(6) an obligation that the Government will pay the Contractor for the work the Contractor performs for which funds were allotted based on the price of the work performed, not the costs the

Contractor actually incurs.

(b) For each CLIN or Task Order:

(1) the Government’s maximum obligation, including any termination obligations and obligations under change orders, equitable adjustments, or unilateral or bilateral contract modifications, at any time is always less than or equal to the total amount of funds allotted by the Government to the contract for the CLIN or Task Order;

B-8

(2) the Contractor explicitly agrees it reflected (that is, included or could have included an additional amount) in its offered price and in the subsequent negotiated fixed price for each of the Fixed-

Price CLINs or Task Orders included in this contract:

(i) the added complexity, challenges, and risks (including all risks, costs or otherwise, associated with termination as articulated in this clause) to which the Contractor is subject due to the incremental funding arrangement established in this clause; and

(ii) the specific risk that in the event of termination of an incrementally funded CLIN or Task

Order before the CLIN or Task Order is fully funded, the Contractor could receive less than the Termination for Convenience (Fixed-Price) clause of this contract would allow. The maximum Government obligation for a Fixed-Price CLIN or Task Order is the allotted funds for the CLIN or Task Order, as a result the Contractor will receive the lower of the allotted funds or what the Termination for Convenience (Fixed-Price) clause of this contract would allow.

(3) the Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government, which is the price of the services the allotted funds cover, equals the total amount allotted to the contract for the services;

(4) if funds become available and the Government’s need continues, the Government will allot funds periodically to the CLIN or Task Order, the Contractor will provide a fixed amount of work for the funds allotted, and the Government will pay the Contractor based on the price of the fixed amount of work. The Government will not pay the Contractor based on the costs the Contractor incurs in performing the work; and

(5) the Contractor agrees to provide the fixed amount of work for the fixed price identified in the contract’s Section B, Supplies or services and prices/costs, and in accordance with the delivery schedule identified in the contract’s Section F, Deliveries or performance, provided the

Government provides the funding per or earlier than the Planned Funding Schedule in paragraph

(n) of this clause. At any time, the cumulative amount of funds allotted is the fixed price for the cumulative fixed amount of work identified with the funds.

(c) For each CLIN or Task Order:

(1) The fixed price (of both the entire CLIN or Task Order and of the current cumulative amount of funds allotted to the CLIN or Task Order at any time during contract performance) is not subject to any adjustment on the basis of the Contractor’s cost experience;

(2) The contract places the maximum risk and full responsibility on the Contractor for all costs and resulting profit or loss; and

(3) If the Government meets the entire Planned Funding Schedule,

(i) the cumulative amount of funds allotted will equal the CLIN’s or Task Order’s fixed price and

(ii) the Contractor must provide the work the contract requires for the CLIN or Task Order.

(d) The fixed price for each CLIN or Task Order is listed in Section B of this contract.

B-9

(e) The Planned Funding Schedule for each CLIN or Task Order is in paragraph (n) of this clause. The sum of the planned funding for each CLIN or Task Order equals the fixed price of the CLIN or Task

Order.

(f) The Actual Funding Schedule for each CLIN or Task Order is in paragraph (o) of this clause. It specifies the actual amount of funds allotted and presently available for payment by the Government separately for Task Orders issued under CLIN 00001, and the work to be performed for the funds allotted.

(1) The Contractor may bill against a CLIN or Task Order only after the Government has allotted funds to the CLIN or Task Order and the Contractor has delivered the services and earned amounts payable for the CLIN or Task Order.

(i) The Contractor may bill only the lower of the two preceding amounts, that is, the lower of allotted funds or amount payable.

(ii) If the Contractor does not perform the contract’s requirements for the CLIN or Task Order, it must return the amounts that it billed that the Government reimbursed.

(g) If during the course of this contract the Government is allotting funds to a CLIN or Task Order per or earlier than the Planned Funding Schedule, this contract to that point will be considered a simple

Fixed-Price contract for that CLIN or Task Order regardless of the rate at which the Contractor is, or is not, earning amounts payable, and:

(1) The Government’s and the Contractor’s obligations under the contract for the CLIN or Task

Order—with the exception that the Government’s obligation for the CLIN or Task Order is limited to the total amount of funds allotted by the Government to the CLIN or Task Order and similarly the Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government equals the total amount allotted—will be as if the CLIN or

Task Order were both Fixed-Price and fully funded at time of contract execution, that is, the

Contractor agrees that: it will perform the work of the contract for that CLIN or Task Order; and neither the fixed price for the CLIN or Task Order nor any other term or condition of the contract will be affected due to the CLIN’s or Task Order’s being incrementally funded.

(i) The Contractor agrees, for example, if the Government allots funds to a CLIN or Task Order per or earlier than all of the funding dates in the Planned Funding Schedule for the CLIN or

Task Order, the Government has met all of its obligations just as if the CLIN or Task Order were fully funded as of the time of contract execution and the Contractor retains all of its obligations as if the CLIN or Task Order were fully funded as of the time of contract execution, while at the same time the Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government equals the total amount allotted to the contract; consequently, if the Contractor earns amounts payable at any time in performing work for the CLIN or Task Order that exceed the total amount of funds allotted by the Government to the contract for the CLIN or Task Order:

(A) it (not the Government) will be liable for those excess amounts payable

(B) it will remain liable for its obligations under every term or condition of the contract and

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(C) if it fulfills all of its obligations for that CLIN or Task Order and the Government allots funds to the CLIN or Task Order equal to the CLIN’s or Task Order’s fixed price, the

Government will pay it the fixed price for the CLIN or Task Order and no more.

(ii) The Contractor also agrees, for example, if the Government allots funds to a CLIN or Task

Order by the first funding date in the Planned Funding Schedule, the Government has met all of its obligations up to that point in the contract as if the CLIN or Task Order were fully funded (that is, as if progress payments based on cost had been agreed to and had been made, or milestone payments had agreed to and been made, or etc.) and the Contractor retains all of its obligations up to that point (such as meeting delivery schedules, maintaining quality, etc.)

as if the CLIN or Task Order were fully funded; consequently, if the Government subsequently terminates the CLIN or Task Order it will pay the Contractor the lower of the following two amounts: the amount allotted by the Government to the CLIN or Task Order;

or the amount payable per the Termination for Convenience (Fixed-Price) clause of this contract.

(h) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the amount payable it expects to earn for the CLIN or Task Order in the next 60 days, when added to all amounts payable previously earned, will exceed 75 percent of the total amount allotted to the

CLIN or Task Order by the Government.

(1) The notification is for planning purposes only and does not change any obligation of either the

Government or the Contractor.

(2) The Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government equals the total amount allotted to the CLIN or Task Order.

(3) The Government may require the Contractor to continue performance of that CLIN or Task Order for as long as the Government allots funds for that CLIN or Task Order sufficient to cover the amount payable for that CLIN or Task Order.

(i) If the Government does not allot funds to a CLIN or Task Order per or earlier than its Planned

Funding Schedule, the Contractor will be entitled to an equitable adjustment and:

(1) the Government’s maximum obligation, including any termination obligation, to reimburse the

Contractor remains limited to the total amount of funds allotted by the Government to the contract for that CLIN or Task Order;

(2) the Contractor is not authorized to continue work beyond the point at which the total amount payable by the Government, equals the total amount allotted to the contract;

(3) if the Government subsequently terminates the CLIN or Task Order, it will pay the Contractor the lower of the following two amounts: the total amount of funds allotted by the Government to the contract for the CLIN or Task Order; or the amount payable per the Termination for Convenience

(Fixed-Price) clause of this contract.

(j) Except as required by other provisions of this Contract specifically citing and stated to be an exception to this clause, or by, among other things, terminations, change orders, equitable adjustments, or unilateral or bilateral contract modifications specifically citing and stated to be an exception to this clause, for either CLIN or Task Order:

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(1) The Government is not obligated to reimburse the Contractor in excess of the total amount allotted by the Government to this contract for the CLIN or Task Order; and

(2) The Contractor is not obligated to continue performance under this contract related to the CLIN or Task Order or earn amounts payable in excess of the amount allotted to the contract by the

Government until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to the CLIN or Task Order.

(k) No notice, communication, or representation in any form, including, among other things, change orders, equitable adjustments, or unilateral or bilateral contract modifications, other than that specified in this clause, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract for a CLIN or Task Order, which will remain at all times the Government’s maximum liability for a CLIN or Task Order. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any amounts payable earned for a CLIN or Task Order in excess of the total amount allotted by the Government to this contract for a CLIN or Task Order, whether earned during the course of the contract or as a result of termination.

(l) Change orders, equitable adjustments, unilateral or bilateral contract modifications, or similar actions shall not be considered increases in the Government’s maximum liability or authorizations to the

Contractor to exceed the amount allotted by the Government for a CLIN or Task Order unless they contain a statement increasing the amount allotted.

(m) Nothing in this clause shall affect the right of the Government to terminate this contract for convenience or default.

(n) Planned Funding Schedule:

The following table and requisite information shall be inserted by the Government in each Fixed-

Priced Task Order to account for incrementally funded FP CLINs:

CLIN [TBD in each Task Order]:

CLIN Date Funds To Be

Allotted

Work To Be

Accomplished

Cumulative

Funds To Be

Allotted

Cumulative

Work To Be

Accomplished

CLIN = Contract Line Item Number

(o) Actual Funding Schedule:

The following table and requisite information shall be inserted by the Government in each Fixed-

Priced Task Order to account for incrementally funded FP CLINs:

CLIN [TBD in each Task Order]:

CLIN Date Funds Allotted Work To Be

Cumulative

Funds Allotted

Cumulative

Work To Be

CLIN = Contract Line Item Number

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B.12 Performance Management Incentive (TAILORED)

This clause is intended to motivate efficient and effective contract performance in accordance with FAR

15.404-4 Profit and encourages the Contractor to strive for outstanding results. This clause also motivates the Contractor to implement, if needed, effective and timely corrective actions.

The Performance Management Incentive (PMI) is a contract-wide incentive measured individually among all applicable active Task Orders. PMI will not be applied to Transition Task Orders and Task Orders that provide for Award Fee as defined in FAR 16.405-2. In the event a Task Order includes CLINs of multiple contract types, including CPAF, PMI may be applicable to the non-CPAF portion of the Task Order. The

PMI shall be included in the maximum fee amounts described in DOE-B-2015 Task Order Fee/Profit

Ceiling (Oct 2014) (Revised), and the estimated PMI fee allocation will be provided to the Contractor when Requests for Task Order Proposals (RTPs) are issued. The PMI is exclusive of any Performance

Evaluation and Measurement Plan. For any applicable active Task Order, available PMI fee may be reduced unilaterally by the CO based on the degree of non-achievement. Fee actions described in this clause will not duplicate any other fee action.

It is a prerequisite of this contract that the Contractor shall accomplish the work in a safe and efficient manner. It is the expectation that the Contractor will strive for outstanding results in the areas described below. A PMI fee of up to [TBD on a Task Order basis] per fiscal year* may be earned based upon outstanding results in Contractor performance, as determined by the CO, in the following areas: (1) Safety and operational performance; (2) Meeting regulatory or court ordered milestones; and (3) Quality assurance performance per Section C.4.4.7 and Section E clause FAR 52.246-11, where continuous monitoring and performance improvement are evident.

The [annual not-to-exceed amount*; TBD on a Task Order basis] will be allocated among all applicable active Task Orders, at the discretion of the CO, on an annual fiscal year basis. The PMI is a unilateral action that shall not exceed [TBD on a Task Order basis] per fiscal year, applied for all applicable active

Task Orders combined, and will not be negotiated with the Contractor.

*Amount may be prorated based on the timing of the 12 month fiscal year.

The CO has discretion for the degree of the PMI fee reduction but shall be reasonable based on the degree of non-achievement, up to the PMI dollar amount per each applicable active Task Order. The CO also has the discretion to allow the Contractor to correct performance issues and potentially recover withheld fee.

Upon successful completion of corrective actions and at the discretion of the CO, the Contractor may potentially recover any and all withheld fee.

The CO will establish a quarterly evaluation process to evaluate performance under all elements of the

PMI. This evaluation will also be reflected in the annual CPARS evaluation of any applicable Task Order.

The CO will consider feedback from the Contractor as part of the quarterly evaluation. Provisional PMI payment will not occur until the CO’s evaluation has been completed.

For each applicable active Task Order, quarterly provisional PMI fee payments will be paid by taking

80% of the PMI fee, divided by four quarters for each 12-month period, minus any CO-determined PMI fee reductions. The remaining 20% of the PMI fee will be held until the end of each fiscal year. The PMI fee, minus any PMI fee reductions described above, is considered earned at the end of the fiscal year. Any unearned fee will not roll over into the following fiscal year.

MOAB RAC – FINAL RFP – PROJECT COMPLETION SECTION C

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Part I – The Schedule

Section C

Performance Work Statement

C.01 MOAB PROJECT OVERVIEW

C.1.1 BACKGROUND

The DOE Moab Project Site is approximately 3 miles northwest of the City of Moab in Grand County, Utah, and includes the former Atlas Minerals Corporation (Atlas) uranium-ore processing facility. The site is situated on the west bank of the Colorado River at the confluence with Moab Wash. The site encompasses approximately 435 acres, of which approximately 130 acres are covered by the uranium mill tailings pile.

The processing facility was constructed in 1956 by the Uranium Reduction Company, which operated the facility until 1962 when the property was sold to Atlas. Atlas operated the site until 1984 under a license and regulatory authority provided by the Nuclear Regulatory Commission (NRC) in accordance with Title II of the Uranium Mill Tailings Radiation Control Act (UMTRCA). When the processing operations ceased in

1984, approximately 16 million tons (12 million cubic yards) of uranium tailings or residual radioactive material (RRM) (the term RRM is used throughout the contract in accordance with Title 40 Code of Federal

Regulations (CFR) Part 192 to reference the tailings and other contaminated materials, including debris, from uranium/vanadium processing) and contaminated soil had been stored in an unlined impoundment located in the northwest portion of the property.

Atlas proposed to reclaim the tailings pile for permanent disposal in its current location. As a result of the

Atlas proposal, the NRC developed an Environmental Impact Statement (EIS) that focused primarily on on-site reclamation of the mill tailings. Atlas declared bankruptcy in 1998, and in doing so, relinquished its license and forfeited its reclamation bond. Because NRC could not legally possess a site it regulated, NRC appointed PricewaterhouseCoopers as the trustee of the Moab Mill Reclamation Trust and the licensee for the site. The trustee used the forfeited reclamation bond funds to initiate site reclamation, conduct ground water studies, and perform site maintenance activities.

The Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, Public Law 106-398 (the

Act) stipulated that the license issued by NRC for the materials at the Moab Site be terminated and that the title and responsibility for cleanup be transferred to the DOE. Title to the site was transferred to DOE on

October 25, 2001. Specifically, the EM Office in Grand Junction, Colorado, now has primary responsibility for the Moab Site. The Moab UMTRA Project (Moab Project) is responsible for the remediation of the

Moab site, in accordance with surface cleanup standards specified in 40 CFR 192, Subpart A – Standards for the Control of Residual Radioactive Materials from Inactive Uranium Processing Sites, Subpart B – Standards for Cleanup of Land and Buildings Contaminated with Residual Radioactive Materials from Inactive Uranium

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Processing Sites, and Subpart C – Implementation. The Moab Project is subject to 10 CFR 835, Occupational Radiation Protection.

The Act further designated that the Moab Site undergo remediation in accordance with Title I of the

UMTRCA, though certain sections of UMTRCA shall not apply. In accordance with the Act, DOE developed a Draft Plan for Remediation that evaluated DOE’s remediation decision-making process and related technical issues. DOE approved the Final Environmental Impact Statement (FEIS) on July 25, 2005, which fulfilled the National Environmental Policy Act (NEPA) requirement of considering the full range of reasonable alternatives and associated environmental effects of significant federal actions. The preferred alternative identified in the FEIS included relocation of the tailings and associated wastes to the Crescent

Junction off-site waste disposal site using rail transportation as the primary transportation mode, with active ground water remediation. A Record of Decision (ROD) identifying the final remedy, consistent with the

FEIS preferred alternative, was published on September 14, 2005. An Amended Record of Decision for the

Remediation was approved in February 29, 2008. The ROD Amendment increased the flexibility to relocate the residual RRM using rail or truck.

C.1.2 PURPOSE

The scope of the Moab Project is to relocate mill tailings, associated wastes, and other contaminated materials from the former uranium-ore processing facility site (presently the Moab Site), and contaminated materials from one off-site vicinity property in Moab, Utah, to a DOE-constructed engineered disposal facility near Crescent Junction, Utah. The scope includes the maintenance of facilities, grounds, and railroad structures at the Moab Site and the Crescent Junction disposal cell, necessary to continue relocation of the mill tailings and associated wastes. The purpose of this End State Contract is two-fold: first, to achieve

Project completion by completing the cleanup of the Moab site, including the excavation of the tailings pile site and remediation of the contaminated sub-pile below the tailings pile. Project completion includes completing the installation of the disposal cell final cover, and restoration of the Moab and Crescent Junction sites.

The second purpose of this End State Contract is to achieve a significant reduction to risk and financial liability through provision of the best overall optimal solution for accelerated Project completion and closure. The DOE’s goal is to efficiently optimize the scope, cost, and schedule associated with performance of all work while ensuring quality and protecting the safety of the workers, environment, and the public.

This will reduce EM’s environmental liability, which will result in meeting the Department’s strategic goals sooner. To this end, the annual amount of RRM tonnage remediated per year may vary throughout the contract ordering period based on the Contractor’s Closure Strategy if varying the remediation tonnage will reduce lifecycle environmental risk and financial liability to the maximum extent practicable.

C.02 PROJECT SUPPORT PERFORMANCE REQUIREMENTS

The following sections define the programs that must exist to safely and effectively perform the cleanup mission at the Moab UMTRA Project and related facilities. The requirements and associated implementing instructions established under these programs shall be applied to all work within the PWS.

C.2.1. PROJECT MANAGEMENT

a. Successful execution of the project management work scope will ensure cost and schedule efficiency while minimizing programmatic risks. The Contractor shall ensure that project management practices are used in the performance of work including the development of plans, baselines, disciplined change control processes, and service level agreements.

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b. The Contractor shall prepare and submit for DOE approval a comprehensive Lifecycle Baseline

(LCB) based on the Closure Strategy submitted with its Master IDIQ Contract proposal. The

LCB shall encompass the major activities of all parties to the Moab UMTRA Project for achievement of the Moab Site’s end-state.

c. The Contractor shall provide all management and technical information to:

(1) Be consistent with the requirements of DOE O 413.3, when applicable and appropriate.

(2) Support the budget formulation activities including, but not limited to; emerging work items list, budget formulation input (including Integrated Priority List), the fall limited budget update submission, budget scenario development, and budget presentations (such as public and regulatory briefings, etc.).

(3) Meet the data requirements of the DOE Integrated Planning, Accountability, and Budgeting

System (IPABS).

(4) Ensure transparency in project performance and efficiency in project execution.

(5) Support audits, evaluations, and external technical reviews.

(6) Support other DOE project performance assessments and information needs.

d. All project management information developed under this contract shall be accessible electronically by DOE. The desired outcome is predictable and consistent Contractor performance aligned to customer needs conducted within annual and multi-year baselines.

C.2.2 PROJECT INTEGRATION AND CONTROL AND EARNED VALUE

MANAGEMENT

When required by the Task Order, the Contractor shall use an Earned Value Management System (EVMS) description consistent with Electronic Industries Alliance (EIA)-748, Earned Value Management System

Acceptance Guide, and EIA-748, Earned Value Management Intent Guide. If, at the time of award, the

Contractor’s EVMS has not been determined compliant with EVMS guidelines in EIA-748, the Contracting

Officer (CO) may direct the Contractor to perform work in accordance with Section I clause FAR 52.234-4, Earned Value Management System. Solicitation provisions and further requirements applicable to the

EVMS will be provided in the Request for Task Order Proposal requiring an EVMS.

C.03 PROJECT PERFORMANCE REPORTING

The Contractor shall provide the CO project performance information to support budget planning and execution, project planning and execution; project performance reporting, audit and evaluation; and other

DOE performance assessment and information needs.

C.3.1…