FMP-NNL-0032 Request For Proposals.pdf

Fluor Marine Propulsion, LLC Post Office Box 79 West Mifflin, PA 15122-0079

March 15, 2024

To: Prospective Suppliers

Subject: Open Solicitation – Call for Proposals

Naval Nuclear Laboratory (NNL), operated by Fluor Marine Propulsion LLC (FMP) for the Department of Energy, is accepting proposals for collaboration in the topic of:

• Maintenance and repair

Proposals will be evaluated and considered for future technical contract with FMP. Interested parties are requested to provide the required information on or before 5pm EST on June 5, 2024, and reply via written response to NNL’s innovation mailbox:

ATIP@unnpp.gov

Release of FMP Information Related to this Open Solicitation To all prospective Suppliers, by submitting information as it pertains to this open solicitation you agree to comply with the requirements of the Public Release of Information clause (provided herein) and agree to control all information associated with this Solicitation accordingly.

Proposal Sharing FMP reserves the right to share proposals received with key interfacing partners (e.g., shipyards), who may have a stake in the resulting work effort.

Pre-Proposal Conference: Question & Answer Session A pre-proposal conference will be conducted to discuss the proposed work area and answer any questions with respect to the project on:

April 3, 2024 at 11:30am-12:30pm EST

Call in (audio only): +1 332-206-0599 Conference ID: 283 168 243#

Any questions or comments may be addressed to NNL’s innovation mailbox: ATIP@unnpp.gov

Thank you in advance for your interest.

Sincerely, James Pater mailto:ATIP@unnpp.gov

- 2 -

Senior Engineer ATIP@unnpp.gov 518-419-4806 (work cell)

Enclosures:

Included below:

Enclosure (1) – Proposal description Enclosure (2) – Instructions for proposers Enclosure (3) – Procurement documents P-301, 302, and SF-428 forms and Company Survey Form to be filled out by proposers.

Enclosure (4)- Public Release of Information Clause-Fluor Marine Propulsion – DOE General Provisions. To Be Reviewed only by proposers only.

To find procurement documents online. Go to https://navalnuclearlab.energy.gov and click on the Suppliers tab, and then click Procurement Documents.

This website provides information to Suppliers as it pertains to COVID-19, Site Access, Direct Pay Permits, FMP’s General Provisions, and other procurement related documents.

Companies are not authorized to release information without prior approval from FMP. It is understood and agreed that the request for proposals in no way obligates FMP. Any and all expenditures incurred by interested Suppliers are performed solely at their discretion and shall be the responsibility of the Suppliers.

Enclosure (1)

Fluor Marine Propulsion LLC (FMP), Naval Nuclear Laboratory

Problem Statement Description

Identification Number: FMP-NNL-0032

Title: Maintenance and Repair – Request for Proposal

The maintenance and repair of Navy vessels is a crucial and costly process that requires complex technical knowledge, dedicated tooling and hardware, and skilled workforce distributed around the globe. Developing solutions to improve Navy maintenance and repair evolutions directly increases the readiness of the fleet and the availability of resources across the maintenance enterprise. Implementation of new technology for the maintenance or repair of turbine generators, pumps and motors, condensers / heat exchangers, valves, piping, instrumentation and control hardware, circuit cards, sensors, and cables supports the Navy’s goals to improve operational availability of fleet assets. The Naval Nuclear Propulsion Program is seeking solutions that can be qualified and deployed in the next 12 to 24 months and can perform mechanical and/or electrical sustainment/maintenance and repairs of Naval Nuclear propulsion plants.

Areas of interest include, but are not limited to:

• Shipboard pipe inspection and repair technologies, both short-term repair, and life-of ship solutions.

• Temporary or emergent repair solutions at the point of use for either mechanical or electrical systems (to include but not limited to in-situ repairs on high-temperature, high-pressure, and/or high-voltage systems).

• Electrical system and component troubleshooting, especially electric motors and circuitry for devices at the card level.

• Biofouling identification and removal from systems, and/or components/features/ hull.

• Non-intrusive inspection technologies to determine coating and/or substrate integrity.

The proposal solution should enable efficient and timely maintenance or repair operations, improving asset availability, reducing downtime, and enhancing safety and reliability.

Enclosure (2)

Instructions for Proposers

Please submit the following:

1) Submit a Quad Chart – 1 page

(single spaced, size 11 font, template provided below)

Upper Left Quadrant: Company Overview – Title, Company Name and Address, total number of employees, brief company description, and teaming partners (if applicable)

Lower Left Quadrant: Technology Overview – Brief technology description including impact of the technology.

Upper Right Quadrant: Project Overview – Brief summary of technology approach including project period of performance and major technical milestones.

Lower Right Quadrant: Resources Plan – include price, total procurement dollars requested to complete the effort, can be a rough order of magnitude (ROM).

QUAD CHART TEMPLATE

COMPANY OVERVIEW

Title

Company Name

Total Number of Employees

Brief Company Description

Teaming Partners

PROJECT OVERVIEW

Approach

Project Period

Milestones

TECHNOLOGY OVERVIEW

Technology Description

Technology Impact

RESOURCES PLAN

Price

FTEs

Total Dollars

2) Submit a Proposal Narrative – up to 5 pages

(Size 11 font minimum; 5 single spaced pages maximum; 1-inch margins all around minimum.

References are not considered part of the page limit.)

Applicant shall provide a narrative in compliance with instructions above that addresses the specific information below:

• Title of project

• Project Description Identifier Number from Enclosure (1)- RFP

• Name of project director/PI(s) and associated organization(s) and contact information

• A summary of the proposed project, including a description of the project and a clear explanation of its importance and relevance to the objectives requested in the RFP.

Images and graphics, and other company templates are permitted.

• Explanation of the contribution that will be made by the collaborating organizations

• Logical path to work accomplishment

• Timeframe for execution of proposed scope.

• Deliverables and outcomes the R&D will produce; clearly defined scope and deliverables of the first years’ work, and follow-on years if available.

• Estimated rough order magnitude (ROM) cost of proposal.

3) Submit Procurement documents – P-301, P-302, and P-303 forms, and Company Survey form

All forms are provided in Enclosure 3 or are available online at https://navalnuclearlab.energy.gov/procurement-documents/

4) Review the DOE General provisions document (i.e. public release of information clause – Fluor Marine Propulsion) in Enclosure 4.

Enclosure (3)

Procurement Documents

Fluor Marine Propulsion Corporation (FMP) Company Survey

Company Name

Address

Contact Name

Phone Number / Fax Number

For the purpose of this market survey, please review the additional information as it pertains to the work scopes that outlines the desired service(s) and note the level of interest for your company below. Disclaimer: The Company named herein agrees and acknowledges that these services do not constitute or imply a promise for a future contract or future financial consideration between FMP and the company named herein. Please check off one of the following boxes:

My company: ☐ is interested

☐ is interested with comments______________________________________

If interested, please provide a detailed description summarizing your company’s qualifications and experience as it is applicable to providing technical support services concerning the projects described in Enclosure (1). Please provide a proposal using the formatting instructions provided in Enclosure (3).

For security requirement consideration please review the following:

☐ My company is not under any foreign ownership, control, or influence. Please complete the

Enclosed SF-428 Information Pertaining to Foreign Interests.

☐ Key personnel are United States citizens and do not hold dual citizenships.

Please check the following small business classifications as applicable:

☐ Small Business ☐ Woman Owned

☐ Small Disadvantaged ☐ Hub Zone

☐ Veteran Owned ☐ Service-Disabled Veteran

If you are a large business, do you have a small business partner that can take the contractual lead for the order, utilizing your services as a subcontractor?

☐ Yes ☐ No

Please complete the Enclosed P-301 and P-302.

Print Name Signature Date

Proposal Certifications P-301

02/2021

The following provisions must be completed and this form must be signed and returned with the Offeror’s proposal.

As used herein, the term “subcontract” shall also mean “purchase order,” the term “offer” shall also mean “bid,” “proposal” and “quotation,” and the term “offeror” shall also mean “bidder,” “proposer,” and “quoter,” as applicable. Buyer shall be understood to mean Fluor Marine Propulsion, LLC or FMP. Contracts Professional shall be understood to mean the FMP Procurement Department representative assigned to this solicitation. "Contractor" or “Subcontractor” shall be taken to mean “Offeror”.

1. Certification Regarding Responsibility Matters (FAR 52.209-5) (Applies to all offers greater than $250,000.)

a) (1) The Offeror certifies, to the best of its knowledge and belief, that: (Check appropriate responses.)

(i) The Offeror and/or any of its Principals

(A) ☐ Are presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

☐ Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) ☐ Have within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property;

☐ Have not within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

(C) ☐ Are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in subdivision a)(1)(i)(B) of this provision.

☐ Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in subdivision a)(1)(i)(B) of this provision.

(ii) ☐ The Offeror has within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

☐ The Offeror has not within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principals," for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of a subsidiary, division, or business segment, and similar positions).

b) The Offeror shall provide immediate written notice to the Contracts Professional if, at any time prior to subcontract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

c) A certification that any of the items in paragraph a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Buyer may render the Offeror nonresponsible.

d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

e) The certification in paragraph a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to FMP, the Buyer may terminate the subcontract resulting from this solicitation for default.

This certification concerns a matter within the jurisdiction of an Agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Section 1001, Title 18, United States Code.

2. Compliance With Veterans’ Employment Reporting Requirements (FAR 52.222-38) (Applies to all offers greater than $250,000 except for the supply of commercial items)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing FAR 52.222-37, Employment Reports on Veterans), it has submitted the most recent VETS- 100A Report required by that clause.

3. Certificate of Independent Price Determination (FAR 52.203-2) (Applies to fixed price offers that exceed $250,000)

a. The offeror certifies that -

1. The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices; (ii) the intention to submit an offer; or (iii) the methods or factors used to calculate the prices offered.

2. The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

3. No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

b. Each signature on the offer is considered to be a certification by the signatory that the signatory -

1. Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

2. i. Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision:

[insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

ii. As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision;

and

iii. As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

c. If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

4. Representation of Extent of Transportation By Sea (DFAR 252.247-7022) (Apples when the draft purchase order incorporates Navy General Provisions and the offer exceeds $250,000. Not applicable to the acquisition of commercial items or the direct purchase of ocean transportation services.)

(a) The Offeror shall indicate by checking the appropriate box in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it –

☐ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

☐ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

5. Cost Accounting Standards Notices and Certification (FAR 52.230-1) (Applies to offers in excess of $2 million subject to CAS as specified in 48 CFR 9903.201 unless one of the following exemptions apply; check applicable box:)

☐ The Offeror is a small business concern ☐ Offeror anticipates a negotiated subcontract not in excess of $2 million ☐ Solicitation is for the acquisition of commercial items and the Offeror anticipates a firm-fixed-priced, fixed-priced with economic price adjustment (provided that price adjustment is not based on actual costs incurred), time-and-materials or labor-hour subcontract.

☐ Offeror anticipates firm-fixed-price subcontracts awarded on the basis of adequate price competition without submission of cost or pricing data

☐ Offeror anticipates a subcontract of less than $7.5 million and at the time of award, the business unit of the Offeror will not be performing any CAS-covered contracts or subcontracts valued at $7.5 million or greater.

☐ The Offeror’s price is set by law or regulation

This notice is in three parts, identified by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract. If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. DISCLOSURE STATEMENT - COST ACCOUNTING PRACTICES AND CERTIFICATION

(a) Any contract in excess of $2 million resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48

CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202.

When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

CAUTION: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

☐ (1) Certificate of Concurrent Submission of Disclosure Statement The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and (ii) One copy to the cognizant Federal auditor (Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the FAR.)

Date of Disclosure Statement:_______________________ Name and Address of Cognizant ACO or Federal Official where Filed: ___________________________________

The Offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.

☐ (2) Certificate of Previously Submitted Disclosure Statement.

The Offeror hereby certifies that the required Disclosure Statement was filed as follows:

Date of Disclosure Statement _______________________ Name and Address of Cognizant ACO or Federal Official where Filed: __________________________________ The Offeror further certifies that practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.

☐ (3) Certificate of Monetary Exemption.

The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

☐ (4) Certificate of Interim Exemption.

The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in

(3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under paragraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

CAUTION: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

II. COST ACCOUNTING STANDARDS - ELIGIBILITY FOR MODIFIED ORDER COVERAGE

If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.

☐ The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts.

The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

CAUTION: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.

Ill. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING ORDERS The offeror shall indicate below whether award of the contemplated contract would, in accordance with paragraph (a)(3) of the FAR 52.230-2 Cost Accounting Standards clause require a change in established cost accounting practices affecting existing contracts and subcontracts. ☐ YES ☐ NO

6. Signature / Certification By signing below, the Offeror certifies that these representations and certifications are accurate, current, and complete. The Offeror further certifies that it will immediately notify the FMP Contracts Professional assigned to this action of any changes to these representations and certifications which may occur from the date of this certification through the term of any resultant subcontract that may be awarded to the Offeror.

Signature of the Officer or Employee Responsible for this Submittal

Printed Name and Title of the Officer or Employee

Date

Supplier Data Sheet - Representations P-302 03/2023

ALL FIELDS ARE REQUIRED AND MUST BE COMPLETE TO PROCESS

If the information on this form changes, please submit an updated form.

Full Company Name:

*If a division, subsidiary or affiliate of another company, identify related Company information:

DUNs No.: SAM.gov UEI*:

Sales/Contract Office Street Address:

City: State: 9 Digit Zip:

Country: County: Congressional District No.:

Contact: Phone: Fax:

Website: E-Mail:

Supplier Type Business Type Socioeconomic Information ☐ Large Business

If a Large Business, check the following if applicable:

☐ Alaska Native Corporations (ANCs) and Indian Tribes that are not small businesses

OR

☐ Small Business (per 13 CFR 121)**

If a Small Business, check any of the following that apply:

☐ Woman-Owned ☐ Economically Disadvantaged Woman Owned ☐ Women-Owned Small Business eligible under WOSB Program ☐ Small Disadvantaged Business

☐ Aleut Owned ☐ Asian-Pacific American Owned ☐ American Indian Owned ☐ Black American Owned ☐ Eskimo Owned ☐ H ispanic American Owned ☐ Native American Owned ☐ Subcontinent Asian-American Owned

☐ HUBZone—SBA Certified (per FAR 52.219-4a) ☐ Veteran-Owned ☐ Service Disabled Veteran-Owned ☐ Historically Black College & University (HBCU) ☐ Alaska Native Corporations (ANCs) Owned ☐ Indian Tribe (Federally Recognized) Owned ☐ Tribally Owned Firm ☐ 8(a) Business Development Program Certified ☐ Native Hawaiian Organization Owned Firm

☐ Supplier ☐ Education/Non-Profit ☐ Government ☐ Other:

☐ Corporation ☐ Partnership ☐ Individual/Sole Proprietor ☐ Other:

North American Industrial Classification System** NAICS Code NAICS Industry Title Size Standard

North American Industrial Classification System (NAICS) codes and descriptions applicable to the products/services offered (see www.census.gov/epcd/www/naics.html). List Primary NAICS code first. If additional codes apply, provide information on an attached sheet.

Annual Revenue***

Number of Employees*** *To obtain a Unique Entity ID (UEI) https://sam.gov

**To qualify as a Small Business, your business must not exceed the size standard for the NAICS code FMP best believes describes the product/service being acquired.

***Required if business entity certifies as a Small Business per

13 CFR 121

Supplier Representative Certification For the penalties for false representation, see FAR 52.219-1(d)(2) and 52.219-9(e)(5)

Name: Title:

Signature: Date:

Misrepresentations of business status as a small, small disadvantaged, small women-owned, small veteran-owned (including service disabled), and HUBZone small business concerns for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the requesting Contractor's subcontracting plan, without remedy, can result in severe penalties.

Under 15 U.S.C. 645 (d), any person who misrepresents a firm's status in these same categories in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9 or 15 of the Small Business Act or any other provision of the Federal law that specifically references section 8(d) for a definition of program eligibility, shall: (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the act.

http://www.census.gov/epcd/www/naics.html https://sam.gov sterncd Snapshot denardtm Underline https://sam.gov

DOE General Provisions 07/2023

This purchase order incorporates the following articles by reference. The revision of each article will be the one in effect on the date of the solicitation. Titles of articles are provided for reference purposes only and carry no substantive weight.

For purposes of this order, where the article says "Government", change it to read "Buyer"; where the article says "Contracting Officer", change it to read "Contracts Professional"; and where the article says "Contractor" or “Subcontractor”, change it to read "Supplier".

Based on the stated provisions, Supplier is to determine what articles must be inserted in its subcontracts to implement its obligations to Buyer (as identified in the order) and the Government and must implement them in its lower-tier subcontracts.

PART I. ARTICLES INCORPORATED BY REFERENCE

The following articles, as applicable, are incorporated by reference (except as noted) at the threshold listed:

ARTICLE REFERENCE

BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS FAR 52.204-21

BUY AMERICAN - SUPPLIES FAR 52.225-1

COMBATING TRAFFICKING IN PERSONS FAR 52.222-50

ENERGY EFFICIENCY IN ENERGY CONSUMING PRODUCTS FAR 52.223-15

EQUAL OPPORTUNITY FAR 52.222-26

FACILITIES CAPITAL COST OF MONEY FAR 52.215-16

LAWS, REGULATIONS, AND DOE DIRECTIVES DEAR 970.5204-2

PATENT RIGHTS – ACQUISITION BY THE GOVERNMENT - Delete paragraphs (b)(2) and (d)(4) for research and development orders only

DEAR 952.227-13

PATENT RIGHTS – RETENTION BY THE CONTRACTOR (SHORT FORM) DEAR 952.227-11

PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS FAR 52.247-64

PREFERENCE FOR U.S.-FLAG AIR CARRIERS FAR 52.247-63

PRIVACY ACT NOTIFICATION FAR 52.224-1

• Applies if the order requires the design, development, or operation of a system of records on individuals to accomplish the work effort

PRIVACY ACT

• Applies if the order requires the design, development, or operation of a system of records on individuals to accomplish work effort

FAR 52.224-2

PROHIBITION OF SEGREGATED FACILITIES FAR 52.222-21

PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS

FAR 52.203-19

PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

FAR 52.209-6

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS CONCERNS FAR 52.232-40

REFUND OF ROYALTIES DEAR 970.5227-8

RESEARCH MISCONDUCT DEAR 952.235-71

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FAR 52.225-13

RIGHTS IN DATA - GENERAL (with Alt V)

• Substitute paragraphs (a) and (d)(3) from DEAR reference

FAR 52.227-14

DEAR 927.409 (a)(1)

SUBCONTRACTS FOR COMMERCIAL ITEMS FAR 52.244-6

UTILIZATION OF SMALL BUSINESS CONCERNS FAR 52.219-8

WAIVER OF FACILITIES CAPITAL COST OF MONEY FAR 52.215-17

PART II. ARTICLES INCORPORATED BY REFERENCE AT VARIOUS THRESHOLDS

The following articles, as applicable, are incorporated by reference (except as noted):

THRESHOLD ARTICLE REFERENCE

Greater than $10,000 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

FAR 52.223-18

NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT

FAR 52.222-40

http://www.management.energy.gov/DEAR.htm

THRESHOLD ARTICLE REFERENCE

Greater than $30,000 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS

FAR 52.204-10

Greater than $35,000 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT

FAR 52.209-6

Greater than $100,000 AUTHORIZATION AND CONSENT FAR 52.227-1

NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

DEAR 970.5227-5

Greater than $150,000 ANTI-KICKBACK PROCEDURES FAR 52.203-7

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT-

OVERTIME COMPENSATION

FAR 52.222-4

EMPLOYMENT REPORTS ON VETERANS FAR 52.222-37

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

FAR 52.203-12

Greater than $250,000

AUDIT AND RECORDS - NEGOTIATION FAR 52.215-2

BANKRUPTCY FAR 52.242-13

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENTS TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

FAR 52.203-17

DEFINITIONS FAR 52.202-1

DUTY FREE ENTRY FAR 52.225-8

FEDERAL, STATE AND LOCAL TAXES FAR 52.229-3

GRATUITIES FAR 52.203-3

LIMITATION OF LIABILITY FAR 52.246-23

LIMITATION OF LIABILITY - HIGH VALUE ITEMS (with Alt I) FAR 52.246-24

LIMITATION OF LIABILITY - SERVICES FAR 52.246-25

ORGANIZATIONAL CONFLICTS OF INTEREST (with Alt I)

• Applies to orders involving advisory and assistance services

• Modified to include a three year period after completion of this purchase order in the first sentence of 1(i)

DEAR 952.209-72

PATENT INDEMNITY FAR 52.227-3

PREVENTING PERSONAL CONFLICTS OF INTEREST FAR 52.203-16

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT

FAR 52.203-6

SUSTAINABLE ACQUISITION PROGRAM DEAR 952.223.78

Greater than $500,000 DISPLACED EMPLOYEE HIRING PREFERENCE DEAR 952.226-74

WORKFORCE RESTRUCTURING UNDER SECTION 3161 OF THE

NATIONAL DEFENSE AUTHORIZATION ACT FOR FY 1993

DEAR 970.5226-2

Greater than $750,000 SMALL BUSINESS SUBCONTRACTING PLAN (with Alt II) FAR 52.219-9

Greater than $2,000,000

ADMINISTRATION OF COST ACCOUNTING STANDARDS FAR 52.230-6

COST ACCOUNTING STANDARDS - Delete paragraph (b)

• Applies to all negotiated subcontracts, unless Supplier claims an exemption per the Proposal Representation and Certification in accordance with 48 CFR 9903.201-1

FAR 52.230-2

NOTIFICATION OF OWNERSHIP CHANGES FAR 52.215-19

PENSION ADJUSTMENTS AND ASSET REVERSIONS FAR 52.215-15

PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR

PRICING DATA

FAR 52.215-10

REVERSION OR ADJUSTMENT OF PLANS FOR POST-

RETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS

FAR 52.215-18

SUBCONTRACTOR CERTIFIED COST OR PRICING DATA FAR 52.215-12

SUBCONTRACTOR CERTIFIED COST OR PRICING DATA-

MODIFICATIONS

FAR 52.215-13

THRESHOLD ARTICLE REFERENCE

Greater than $6,000,000 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT FAR 52.203-13

DISPLAY HOTLINE POSTER(S) FAR 52.203-14

PART III. ARTICLES INCORPORATED BY REFERENCE FOR FIXED PRICE CONTRACTS ONLY

The following articles, as applicable, are incorporated by reference (except as noted) at the thresholds listed:

ARTICLE REFERENCE

CHANGES – FIXED-PRICE - Delete paragraph (e) FAR 52.243-1

DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) - Delete reference to Disputes clause in paragraph (f)

FAR 52.249-8

GOVERNMENT PROPERTY (with Alt I)

• Alternate I does not apply to purchase orders awarded on the basis of submission of certified cost or pricing data

• The preamble of these provisions does not apply to this article; rather where the article says "Contractor", change it to read "Supplier"; where the article says "subcontractor”, change it to read "sub-tier Supplier"; where the article says "contract", change it to read "purchase order"; where the article says "Contracting Officer", change it to read "Contracts Professional".

FAR 52.245-1

INSPECTION OF SERVICES – FIXED-PRICE FAR 52.246-4

INSURANCE – WORK ON A GOVERNMENT INSTALLATION

• Applies to orders greater than $250,000

FAR 52.228-5

STOP WORK ORDER FAR 52.242-15

TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM)

• Applies to orders less than $250,000

FAR 52.249-1

TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) - Delete reference to Disputes clause in paragraph (j)

• Applies to orders greater than $250,000

FAR 52.249-2

WARRANTY OF SERVICES

• Reference paragraph (b): notice will be made by Buyer within 90 calendar days from the date of performance of the service

FAR 52.246-20

WARRANTY OF SUPPLIES OF A COMPLEX NATURE

• Reference paragraph (b): the warranty period is one year after delivery to Buyer

• Reference paragraph (b)(1): if order requires the submittal of a design, insert the word “design” before the word “material”

• Reference paragraph (c)(3): notice will be made by Buyer within 90 calendar days after discovery of the defect; subsequent Supplier recommendation shall be made within 45 calendar days, after which Buyer shall respond within 90 calendar days

• Reference paragraph (c)(4): notifications must be made within 90 calendar days

FAR 52.246-18

WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE

• Reference paragraph (b): the warranty period is one year after delivery to Buyer

• Reference paragraph (c): notice will be made within 90 calendar days of discovery of the defect

FAR 52.246-17

PART IV. ARTICLES INCORPORATED BY REFERENCE FOR COST TYPE CONTRACTS ONLY

The following articles, as applicable, are incorporated by reference (except as noted) at the thresholds listed:

ARTICLE REFERENCE

ACCESS TO AND OWNERSHIP OF RECORDS

• Applies to orders greater than $2,000,000.

DEAR 970.5204-3

ACCOUNTS, RECORDS, AND INSPECTIONS DEAR 970.5232-3

ALLOWABLE COST AND PAYMENT FAR 52.216-7

CHANGES – COST-REIMBURSEMENT - Delete paragraph (d)

• Use Alt V for research and development orders

FAR 52.243-2

EXCUSABLE DELAYS FAR 52.249-14

FIXED FEE FAR 52.216-8

FOREIGN TRAVEL DEAR 952.247-70

ARTICLE REFERENCE

INSPECTION OF RESEARCH AND DEVELOPMENT – COST REIMBURSEMENT FAR 52.246-8

INSPECTION OF SERVICES – COST REIMBURSEMENT FAR 52.246-5

INSPECTION OF SUPPLIES – COST REIMBURSEMENT FAR 52.246-3

LIMITATION OF COST FAR 52.232-20

LIMITATION OF FUNDS FAR 52.232-22

LIMITATIONS ON PASS-THROUGH CHARGES

• Applies to orders greater than $250,000

FAR 52.215-23

NOTICE OF INTENT TO DISALLOW COSTS FAR 52.242-1

PAYMENT FOR OVERTIME PREMIUMS

• Modify paragraph (a) to state that authorized Overtime premium is zero

• Applies to orders greater than $250,000

FAR 52.222-2

PROPERTY DEAR 970.5245-1

STOP WORK ORDER (with Alt I) FAR 52.242-15

SUBCONTRACTS

• Reference paragraph (d): subcontracts requiring Buyer approval are discussed in the purchase order

FAR 52.244-2

TERMINATION (COST REIMBURSEMENT) - Delete reference to Disputes clause in paragraph (j) FAR 52.249-6

PART V. ARTICLES INCORPORATED IN FULL TEXT

The following articles, as applicable, are incorporated by full text:

PUBLIC RELEASE OF INFORMATION

Information, data, photographs, sketches, advertising, displays, promotional brochures, or other materials related to work under this order, which Supplier desires to publish, display, or release internally, to other contractors, to government agencies, or to the public, shall be submitted to the Buyer for approval at least eight weeks prior to the desired printing or release date. This includes descriptive or promotional material which links or relates, directly or indirectly, Supplier's product line, manufacturing facilities, or manufacturing capabilities to performance of naval nuclear propulsion work. As part of the approval request, Supplier shall identify the specific media to be used as well as other pertinent details of the proposed release. All releases, regardless of tier of supplier, must have the prior approval of Buyer.

Should any information described above be requested, subpoenaed, or otherwise sought by a court or other judicial or administrative authority, this should be promptly brought to the attention of Buyer to permit appropriate measures to be taken to protect the information. Under no circumstances should this information be released to such authority without prior notification and agreement of the Buyer.

Supplier agrees that this requirement of prior Buyer approval of any release shall survive the purchase order and that Supplier shall not for a period of twenty years after issuance of this purchase order, either directly or indirectly issue any such release without requisite approval of Buyer, its successor or assignee.

Supplier shall include all provisions of this article including this sentence in all lower tier contracts under this order.

ANTI-VIRUS WARRANTY

Software and hardware provided by Supplier under this purchase order shall not contain computer viruses or other malicious software.

In fulfilling the terms of this purchase order, Supplier agrees to take precautions to avoid conveying computer viruses or other malicious software to Buyer. Specifically, all computer files, disks, memories or other media provided by Supplier to Buyer (other than third party Supplier software in its original, unopened packaging materials) will be checked by Supplier prior to delivery to Buyer to detect and remove any computer virus or other malicious software. The virus check that is performed by Supplier will include checks with current, up-to-date anti-virus software and any virus problems that are found during the check (or later found by Buyer) will be fixed by Supplier.

ASSIGNMENT AND SET OFF

Performance of this order shall not be assigned or transferred by Supplier, except as expressly authorized in writing by Buyer. This order may be assigned by Buyer to the Government or any designee of the Government, provided that written notice thereof is given to Supplier. Buyer shall be entitled at all times to set off against any amount payable at any time by Buyer under this order, any amount owing at any time from Supplier to Buyer whether arising under this order or other purchase orders with Supplier.

CHOICE OF LAW

This order and any and all matters of disputes between the parties to this order whether arising from the order itself or from alleged extra contractual facts, during or subsequent to the contract shall be governed by construed, and enforced in accordance with the law of U.S. Government contracts as set forth by statue and applicable regulations, and decisions by the appropriate courts and Board of

Contract Appeals. To the extent that the law referred to in the foregoing sentence is not determinative on an issue, the issue shall be resolved in accordance with the laws of Idaho or New York or Pennsylvania depending on the state in which the work is performed.

CLASSIFIED INVENTIONS - Applies to orders which cover or are likely to cover classified subject matter

A. The Supplier shall not file or cause to be filed on any invention discovery conceived or first actually reduced to practice in the course of or under this order in any country other than the United States, an application or registration for a patent without obtaining written approval of Buyer.

B. When filing a patent application in the United States on any invention or discovery conceived of or first actually reduced to practice in the course of or under this order, the subject matter of which is classified for reasons of security, the Supplier shall observe all applicable security regulations covering the transmission of classified subject matter. When transmitting the patent application to the United States Patent and Trademark Office, the Supplier shall by separate letter identify by agency and number, the order or orders which require security classification markings to be placed on the application.

DISPUTES

Supplier shall not be entitled to claim and Buyer shall not be liable to Supplier or its Suppliers or Suppliers of any tier in tort (including negligence), or purchase order except as specifically provided in this purchase order. Any claim arising out of or attributable to the interpretation or performance of this order which cannot be resolved by negotiation shall be considered a dispute within the meaning of this clause. If for any reason Supplier and Buyer are unable to resolve a claim for an adjustment, Supplier or Buyer shall notify the other party in writing that a dispute exists and request or provide a final determination regarding the claim. Any such request by Supplier shall clearly reference this clause and shall summarize the facts in dispute and Supplier’s proposed resolution of the dispute.

Buyer shall, within 60 calendar days of any request by Supplier, provide a written final determination setting forth the contractual basis for its decision and defining what purchase order adjustments it considers equitable. Upon Supplier’s written acceptance of Buyer’s determination the purchase order will be modified and the determination implemented accordingly. If Buyer’s final determination is not accepted by Supplier, the matter shall, within 30 calendar days, be referred to senior executives of the parties who shall have designated authority to settle the dispute. The parties shall promptly prepare and exchange memoranda stating the issues in dispute and their respective positions, summarizing the negotiations that have taken place and attaching relevant documents.

The senior executives will meet for negotiations at a mutually agreed time and place. If the matter has not been resolved within 30 days of the commencement of such negotiations, the parties agree to consider resolution of the dispute through some form of Alternative Dispute Resolution (ADR) process which is mutually acceptable to the parties. Should the parties agree to pursue an ADR process each party will be responsible for its own expenses incurred to resolve the dispute during the ADR process. If the parties do not agree to an ADR process or are unable to resolve the dispute through ADR, either party shall then have the right to pursue any legal remedy consistent with other terms of the purchase order. Pending final resolution of any performance issue, request for equitable adjustment, claim or dispute regarding this order, the Supplier shall proceed diligently with the performance of this order.

EMPLOYEE CONCERNS PROGRAM

An Employee Concern is defined as a good faith expression by a concerned individual that (1) an activity, policy, or practice including but not limited to, the environment, safety, health, security, quality, and management of DOE facilities and/or operations, should be improved, modified, or terminated or (2) an employee has been subjected to harassment, intimidation, retaliation/reprisal, or discrimination for raising an Employee Concern.

An Employee Concern should not be a minor grievance or suggestion that can be informally addressed, but rather should be interpreted as a formal concern submitted, orally or in writing, when in the employee’s judgement, attempts at resolution through the employee/management dialogue process have been or would be unsuccessful.

The Supplier is required to maintain an Employee Concerns Program (ECP) in compliance with the following and to flow down these requirements to subcontractors at all tiers to the extent necessary to ensure compliance.

1. Establish and maintain an ECP suitable to accept, process and resolve employee concerns in a timely manner.

2. Provide means to inform Supplier employees regarding their rights and responsibilities to raise any employee concern related, but not limited to, the environment, safety, health, security, quality, and management of DOE facilities and operations, as well as harassment, intimidation, retaliation/reprisal, or discrimination, to the ECP.

3. Cooperate with and assist in (i) assessments of Supplier’s ECP program, and (ii) the processing of Supplier employee concerns that are submitted including, but not limited to, responding to the allegations in the employee concern, and making pertinent information, including relevant documentation, available as necessary to address the submitted concern.

4. Implement corrective actions as directed.

5. Notify the Buyer when the Supplier becomes aware that an employee has filed a formal complaint of retaliation/reprisal, including a complaint submitted pursuant to 10 CFR part 708, DOE Contractor Employee Protection Program; 41 USC § 4712, Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information, or a complaint filed with the U.S. Department of Labor under 29 CFR part 24, Procedures for Handling Retaliation Complaints.

6. Notify the Buyer if a valid employee concern associated with the work performed under this purchase order is reported.

7. As a means of establishing an effective program, the Supplier’s ECP should utilize ECP best practices, which may include, but are not limited to:

a. Ensuring that there is an ECP Manager who reports to a designated executive in the Supplier’s management chain;

b. Establishing a case-file system of documentation and records for concerns raised;

c. Establishing a process that provides anonymity and confidentiality for employees who raise concerns unless Supplier is legally compelled to disclose such information;

d. Providing avenues for informal resolution of concerns;

e. Allowing for the use of alternate dispute resolution;

f. Referring concerns to other appropriate organizations to investigate a concern; and

g. Documenting acceptance or dismissal of a concern, including “closure” of a concern after an investigation into its merits.

EQUAL OPPORTUNITY FOR VETERANS (FAR 52.222-35 JUN 2020) - Applies to purchase…