Sol_89233121RNA000098.pdf

FOR OFFICIAL USE ONLY

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

05112

P.O. Box 5400 Albuquerque Complex

NA-APM-123

NNSA Construction & Specialty Acqui

01398 CODE 16. ADMINISTERED BYCODE

X

X

336411

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR892331

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/05/2021 1159 MT

03/03/2021

505-845-5069Ernesto V. Jayme Jr (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

89233121RNA000098

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 123 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Albuquerque NM 87185-5400

TELEPHONE NO.

17a. CONTRACTOR/

See Scope of Work

15. DELIVER TO

Albuquerque NM 87185-5400 P.O. Box 5400 Albuquerque Complex

NA-APM-12

NNSA Non M&O Contracting Operations

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,500

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NNSA Non MO Cntrctng Ops Div

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00001 Rotary Wing Aircraft Base Configuration. 2 EA

The Contractor shall furnish all labor, supervision, equipment, tools, and material that is required for the production, quality assurance, functional and operational tests, and documentation as necessary to achieve aircraft certification, of two (2) each Rotary Wing Aircraft in accordance with the specifications.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Shakiesha S. Donley 03/03/2021

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

Signature on File

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Government will perform inspection, acceptance testing, and take possession of the aircraft at the Contractor’s location.

CLIN Type: Firm Fixed Price

Fixed Unit Price:$________________

Proposed Delivery:________________

00002 Option Line Item 01 - Airframe Enhancements. 2 EA

The Contractor shall furnish all labor, supervision, equipment, tools, and material that is required for the production, installation, and delivery of Airframe Enhancements in accordance with the specifications.

The Government may select Sub-Line Items (SLINS) within Option Line Item 01 as determined to be the best value to the Government. There is no expectation that all, or any, of the items will be purchased by the Government.

The Contractor shall document the price of each

SLIN they will furnish on Attachment 2, Price

Proposal Spreadsheet. Any SLIN that will not be

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

123 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 123

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

89233121RNA000098

furnished shall be left blank or marked "Not

Applicable". Any SLIN that is included in CLIN

00001, Rotary Wing Aircraft Base Configuration, should be noted.

CLIN Type: Firm Fixed Price

Fixed Unit Price:$________________

Proposed Delivery:________________

(Option Line Item)

00003 Option Line Item 02 - Mission Capability 2 EA

Enhancements.

The Contractor shall furnish all labor, supervision, equipment, tools, and material that is required for the production, installation, and delivery of Mission Capability Enhancements in accordance with the specifications.

The Government may select Sub-Line Items (SLINS) within Option Line Item 02 as determined to be the best value to the Government. There is no expectation that all, or any, of the items will be purchased by the Government.

The Contractor shall document the price of each

SLIN they will furnish on Attachment 2, Price

Proposal Spreadsheet. Any SLIN that will not be furnished shall be left blank or marked "Not

Applicable". Any SLIN that is included in CLIN

00001, Rotary Wing Aircraft Base Configuration, should be noted.

CLIN Type: Firm Fixed Price

Fixed Unit Price:$________________

Proposed Delivery:________________

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NAME OF OFFEROR OR CONTRACTOR

4 123

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

89233121RNA000098

00004 Option Line Item 03 - Cockpit Enhancements. 2 EA

The Contractor shall furnish all labor, supervision, equipment, tools, and material that is required for the production, installation, and delivery of Cockpit Enhancements in accordance with the specifications.

The Government may select Sub-Line Items (SLINS) within Option Line Item 03 as determined to be the best value to the Government. There is no expectation that all, or any, of the items will be purchased by the Government.

The Contractor shall document the price of each

SLIN they will furnish on Attachment 2, Price

Proposal Spreadsheet. Any SLIN that will not be furnished shall be left blank or marked "Not

Applicable". Any SLIN that is included in CLIN

00001, Rotary Wing Aircraft Base Configuration, should be noted.

CLIN Type: Firm Fixed Price

Fixed Unit Price:$________________

Proposed Delivery:________________

(Option Line Item)

00005 Option Line Item 04 - Operational Equipment 2 EA

Enhancements.

The Contractor shall furnish all labor, supervision, equipment, tools, and material that is required for the production, installation, and delivery of Operational Equipment Enhancements in accordance with the specifications.

The Government may select Sub-Line Items (SLINS) within Option Line Item 04 as determined to be the best value to the Government. There is no expectation that all, or any, of the items will be purchased by the Government.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

NAME OF OFFEROR OR CONTRACTOR

5 123

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

89233121RNA000098

The Contractor shall document the price of each

SLIN they will furnish on Attachment 2, Price

Proposal Spreadsheet. Any SLIN that will not be furnished shall be left blank or marked "Not

Applicable". Any SLIN that is included in CLIN

00001, Rotary Wing Aircraft Base Configuration, should be noted.

CLIN Type: Firm Fixed Price

Fixed Unit Price:$________________

Proposed Delivery:________________

(Option Line Item)

00006 Option Line Item 05 - Spare, Sustainment, and 2 EA

Training support.

The Contractor shall furnish all labor, supervision, equipment, tools, and material that is required for the production, installation, and delivery of Spare, Sustainment, and Training support in accordance with the specifications.

The Government may select Sub-Line Items (SLINS) within Option Line Item 05 as determined to be the best value to the Government. There is no expectation that all, or any, of the items will be purchased by the Government.

The Contractor shall document the price of each

SLIN they will furnish on Attachment 2, Price

Proposal Spreadsheet. Any SLIN that will not be furnished shall be left blank or marked "Not

Applicable". Any SLIN that is included in CLIN

00001, Rotary Wing Aircraft Base Configuration, should be noted.

Fixed Unit Price:$________________

Proposed Delivery:________________

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

NAME OF OFFEROR OR CONTRACTOR

6 123

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

89233121RNA000098

(Option Line Item)

00007 Option Line Item 06 - Ground Support Equipment. 2 EA

The Contractor shall furnish all labor, supervision, equipment, tools, and material that is required for the production, installation, and delivery of Ground Support Equipment in accordance with the specifications.

The Government may select Sub-Line Items (SLINS) within Option Line Item 06 as determined to be the best value to the Government. There is no expectation that all, or any, of the items will be purchased by the Government.

The Contractor shall document the price of each

SLIN they will furnish on Attachment 2, Price

Proposal Spreadsheet. Any SLIN that will not be furnished shall be left blank or marked "Not

Applicable". Any SLIN that is included in CLIN

00001, Rotary Wing Aircraft Base Configuration, should be noted.

CLIN Type: Firm Fixed Price

Fixed Unit Price:$________________

Proposed Delivery:________________

(Option Line Item)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

Section 1 - Solicitation/Contract Form Section 2 - Supplies or Services/Prices

DOE-B-2014 OPTION TO EXTEND THE TERM OF THE CONTRACT: ESTIMATED COST, FEE AND

PERIOD OF PERFORMANCE (OCT 2014)

Section 3 - Description/Specifications Section 4 - Packaging and Marking Section 5 - Inspection and Acceptance

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS. (APR 1984)

52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE. (AUG 1996)

52.246-16 RESPONSIBILITY FOR SUPPLIES. (APR 1984)

DOE-E-2001 INSPECTION AND ACCEPTANCE (OCT 2014)

Section 6 - Deliveries or Performance

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

52.247-29 F.O.B. ORIGIN. (FEB 2006)

52.247-34 F.O.B. DESTINATION. (JAN 1991)

52.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY. (JUN 2003)

Section 7 - Contract Administration Data

DOE-G-2001 CONTRACTING OFFICER AUTHORITY (OCT 2014)

DOE-G-2002 CONTRACTING OFFICER'S REPRESENTATIVE (OCT 2014)

DOE-G-2005 BILLING INSTRUCTIONS (MAR 2019)

DOE-G-2007 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING (JUL 2018)

Section 8 - Special Contract Requirements

52.234-4 EARNED VALUE MANAGEMENT SYSTEM. (NOV 2016)

DOE-H-2013 CONSECUTIVE NUMBERING (OCT 2014)

DOE-H-2033 ALTERNATIVE DISPUTE RESOLUTION (OCT 2014)

DOE-H-2048 PUBLIC AFFAIRS - CONTRACTOR RELEASES OF INFORMATION (OCT 2014)

DOE-H-2065 REPORTING OF FRAUD, WASTE, ABUSE, CORRUPTION, OR MISMANAGEMENT

(OCT 2014)

DOE-H-2071 DEPARTMENT OF ENERGY DIRECTIVES (OCT 2014)

Section 9 - Contract Clauses

52.202-1 DEFINITIONS. (JUN 2020)

52.203-3 GRATUITIES. (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (JUN 2020)

52.203-7 ANTI-KICKBACK PROCEDURES. (JUN 2020)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY. (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS.

(JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (JUN 2020)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS. (JAN 2017)

52.204-2 SECURITY REQUIREMENTS. (AUG 1996)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER.

(MAY 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS. (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (AUG 2020)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL. (JAN 2017)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES. (JUL 2018)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (AUG 2020)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (JUN 2020)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS. (OCT 2018)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS.

(NOV 2015)

52.210-1 MARKET RESEARCH. (JUN 2020)

52.211-5 MATERIAL REQUIREMENTS. (AUG 2000)

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (OCT 2018)

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA. (AUG 2011)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA -

MODIFICATIONS. (JUN 2020)

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA. (MAY 2020)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA - MODIFICATIONS. (MAY

2020)

52.215-14 INTEGRITY OF UNIT PRICES. (JUN 2020)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES. (OCT 1997)

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES. (JUN 2020)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (OCT 2018)

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. (JUN 2020)

52.222-3 CONVICT LABOR. (JUN 2003)

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT. (JUN 2020).44

52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (APR 2015)

52.222-26 EQUAL OPPORTUNITY. (SEP 2016)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUN 2020)

52.222-37 EMPLOYMENT REPORTS ON VETERANS. (JUN 2020)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT. (DEC 2010)

52.222-41 SERVICE CONTRACT LABOR STANDARDS. (AUG 2018)

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-

PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS). (AUG 2018)

52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-

PRICE ADJUSTMENT. (MAY 2014)

52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS

TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT-

CERTIFICATION. (MAY 2014)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (JAN 2019)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (OCT 2015)

52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING. (JUN 2020)

52.225-1 BUY AMERICAN - SUPPLIES. (MAY 2014)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT. (JUN 2020)

52.227-14 RIGHTS IN DATA-GENERAL. (MAY 2014)

52.227-21 TECHNICAL DATA DECLARATION, REVISION, AND WITHHOLDING OF PAYMENT-

MAJOR SYSTEMS. (MAY 2014)

52.227-22 MAJOR SYSTEM - MINIMUM RIGHTS. (JUN 1987)

52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL). (JUN 1987)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)

52.232-1 PAYMENTS. (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (FEB 2002)

52.232-11 EXTRAS. (APR 1984)

52.232-17 INTEREST. (MAY 2014)

52.232-18 AVAILABILITY OF FUNDS. (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

52.232-25 PROMPT PAYMENT. (JAN 2017)

52.232-32 PERFORMANCE-BASED PAYMENTS. (APR 2012)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT. (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS.

(DEC 2013)

52.233-1 DISPUTES. (MAY 2014)

52.233-3 PROTEST AFTER AWARD. (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

52.242-2 PRODUCTION PROGRESS REPORTS. (APR 1991)

52.242-13 BANKRUPTCY. (JUL 1995)

52.243-1 CHANGES - FIXED-PRICE. (AUG 1987)

52.243-3 CHANGES - TIME-AND-MATERIALS OR LABOR-HOURS. (SEP 2000)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (AUG 2020)

52.245-1 GOVERNMENT PROPERTY. (JAN 2017) - ALTERNATE I (APR 2012)

52.245-9 USE AND CHARGES. (APR 2012)

52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE. (MAY 2001)

52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE

SPECIFICATIONS OR DESIGN CRITERIA. (MAY 2001)

52.246-23 LIMITATION OF LIABILITY. (FEB 1997)

52.246-24 LIMITATION OF LIABILITY - HIGH-VALUE ITEMS. (FEB 1997)

52.246-24 LIMITATION OF LIABILITY - HIGH-VALUE ITEMS. (FEB 1997) - ALTERNATE I (APR 1984)

52.248-1 VALUE ENGINEERING. (JUN 2020)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE). (APR 2012)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE). (APR 1984)

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (APR 1984)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

952.204-75 PUBLIC AFFAIRS. (DEC 2000)

952.242-70 TECHNICAL DIRECTION. (DEC 2000)

Section 10 - List of Documents, Exhibits and Other Attachments Section 11 - Representations, Certifications, and Other Statements of Bidders

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (APR 1985)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS. (SEP 2007)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION. (JAN 2017)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR. (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS.

(DEC 2014)

52.204-20 PREDECESSOR OF OFFEROR. (AUG 2020)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT. (AUG 2020)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION.

(DEC 2019)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-

REPRESENTATION. (NOV 2015)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (AUG 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (OCT 2018)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY

OR A FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016)

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION. (JUL

2020)

52.215-6 PLACE OF PERFORMANCE. (OCT 1997)

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (NOV 2020)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (NOV 2020)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. (FEB 1999)

52.222-25 AFFIRMATIVE ACTION COMPLIANCE. (APR 1984)

52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS. (FEB

2016)

52.223-1 BIOBASED PRODUCT CERTIFICATION. (MAY 2012)

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS-

REPRESENTATION. (DEC 2016)

52.225-2 BUY AMERICAN CERTIFICATE. (MAY 2014)

52.225-18 PLACE OF MANUFACTURE. (AUG 2018)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND

CERTIFICATIONS. (JUN 2020)

52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER

SOFTWARE. (DEC 2007)

Section 12 - Instructions,Conditions, and Notices to Bidders

52.204-7 SYSTEM FOR AWARD MANAGEMENT. (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING. (AUG 2020)

52.207-6 SOLICITATION OF OFFERS FROM SMALL BUSINESS CONCERNS AND SMALL

BUSINESS TEAMING ARRANGEMENTS OR JOINT VENTURES. (MULTIPLE-AWARD

CONTRACTS) (OCT 2016)

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (JUN 2020)

52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (JAN 2017)

52.215-16 FACILITIES CAPITAL COST OF MONEY. (JUN 2003)

52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN

COST OR PRICING DATA. (OCT 2010)

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION. (FEB 1999)

52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS. (MAR 2000) -

ALTERNATE I (MAR 2000)

52.233-2 SERVICE OF PROTEST. (SEP 2006)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

DOE-L-2017 EXPENSES RELATED TO OFFEROR SUBMISSIONS (OCT 2015)

DOE-L-2021 GUIDANCE FOR PROSPECTIVE OFFERORS - IMPACT OF TEAMING

ARRANGEMENTS ON SMALL BUSINESS STATUS (OCT 2015)

DOE-L-2022 ALTERNATE BID/PROPOSAL INFORMATION - NONE (OCT 2015)

DOE-L-2026 SERVICE OF PROTEST (OCT 2015)

DOE-L-2027 NOTICE OF PROTEST FILE AVAILABILITY (OCT 2015)

DOE-L-2028 AGENCY PROTEST REVIEW (OCT 2015)

Section 13 - Evaluation Factors for Award

52.217-5 EVALUATION OF OPTIONS. (JUL 1990)

Section 1 - Solicitation/Contract Form

SECTION 1 SUPPLEMENTAL INFORMATION

1.1 INTRODUCTION:

The Department of Energy’s National Nuclear Security Administration (DOE/NNSA) Office of Nuclear Incident Response (NA-84) is soliciting proposals from both small and large businesses for the acquisition of two (2) each Rotary Wing Aircraft.

1.2. ACQUISITION APPROACH:

This acquisition is being considered under the authority of the Federal Acquisition Regulation (FAR) Parts 12, and is designated as full and open competition.

1.2.1. As a result of this Request for Proposal (RFP), the Government intends to award a single Firm Fixed Price (FFP) contract using the best value tradeoff procedures.

1.2.2. Offerors are cautioned to consult the Contracting Officer IN WRITING before submitting an offer that proposes any deviations or exceptions to any of the requirements, terms, and conditions of the solicitation because it may be cause for rejection of the proposal.

1.3. IMPORTANT DATES:

1.3.1. Questions Due Date: March 17, 2021, by no later than 11:59 PM MT

1.3.2. Proposal Due Date: April 5, 2021, by no later than 11:59 PM MT

Section 2 - Supplies or Services/Prices

2.1 GENERAL DESCRIPTION:

The Contractor shall provide the deliverables required in this Contract on a Firm-Fixed-Price (FFP) basis. The Contractor shall furnish all personnel, equipment, material, and otherwise do all things necessary for, or incidental to, providing the required deliverables.

2.2. DOE-B-2006 FIRM-FIXED-PRICE CONTRACT (OCT 2014)

(a) This is a Firm-Fixed-Price (FFP) contract. The Contractor shall provide the following supplies at the fixed unit prices specified:

CLIN

Number Item Description Quantity Unit Price Total Price

0001 Helicopter base configuration.

Mandatory requirements.

2 $___________ $___________

0002 Option 01 - Airframe enhancements.

2 $___________ $___________

0003 Option 02 - Mission capability enhancements.

2 $___________ $___________

Option 03 - Cockpit enhancements.

2 $___________ $___________

Option 04 - Operational equipment enhancements.

0006 Option 05 - Spare, sustainment, and training.

Option 06 - Ground support equipment.

Total Contract Price $___________

(b) Payments of the fixed unit prices and the total contract price will be made in accordance with DOE-G-2005.

2.3. 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 for 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 the attached quotations.

2.4. APPLICABLE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) AND

SMALL BUSINESS SIZE STANDARDS (MAY 2017)

The applicable NAICS code for this Order is 336411, Aircraft Manufacturing. The size standard for this NAICS is 1,500 employees.

SECTION 2 CLAUSES

DOE-B-2014 OPTION TO EXTEND THE TERM OF THE CONTRACT: ESTIMATED COST, FEE

AND PERIOD OF PERFORMANCE (OCT 2014)

(a) In accordance with the clause at FAR 52.217-9, Option to Extend the Term of the Contract, the Government may unilaterally extend the contract period of performance (as set forth in Section F, Deliveries) to require the Contractor to perform the work set out by Section C, Description/Specs/Work Statement of the contract. In the event that the Government elects to exercise its unilateral right to extend the term of the contract pursuant to this clause and FAR 52.217-9, all terms and conditions of the contract will remain in full force and effect.

(b) The Contracting Officer will consider factors set forth in FAR 17.207, Exercise of Options, in determining whether to exercise an option to extend the term of the contract. The Government is concerned with ensuring that the Contractor's performance meets, or exceeds, the performance requirements of the contract in a cost-effective manner. Accordingly, the Contracting Officer will consider the Contractor's performance as part of the determination to exercise any option to extend the contract term.

(c) The Estimated Cost, Fee, and Period of Performance of each option to extend the term of the contract are set forth below:

[include Option Period 1/CLIN, Estimated Cost, Fee, Total Est. Cost/Fee, Per of Perf/Duration with instructions to indicate * To be inserted at time of contract award]

(End of Clause)

Section 3 - Description/Specifications

The Contractor shall furnish the personnel, services, materials, and facilities necessary for, or incidental to, performance of the requirements set forth herein. Work shall be accomplished in accordance with the Section 3 - Description/Specifications, which is incorporated in Section 10 as Attachment 1.

Section 4 - Packaging and Marking

- THIS SECTION IS INTENTIONALLY LEFT BLANK -

Section 5 - Inspection and Acceptance

Inspection and acceptance shall conform to the requirements of this contract.

5.1 DOE-E-2001 INSPECTION AND ACCEPTANCE (OCT 2014)

Inspection and acceptance of all items under this contract shall be accomplished by the Contracting Officer in accordance with the clause entitled 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018).

If the Contracting Officer assigns this responsibility to the Contracting Officer’s Representative or another representative of the Government, the Contracting Officer shall notify the Contractor in writing.

(End of Clause)

5.2 HELICOPTER PURCHASE – REQUEST FOR INSPECTION, OVERHAUL AND LIFE LIMITED

COMPONENTS SCHEDULE

With the addition of replacement helicopters on the horizon, side by side comparisons of price, flight characteristics, lift and equipment configuration among other things, will be scrutinized in an effort to make an informed decision on the purchase of a platform that best matches our mission profile. Sellers in the bidding process shall supply the Department of Energy with the following maintenance information on airframe and engine systems and related components.

5.2.1 NEW PURCHASE

1. List of the airworthiness limitations of all life limited components and replacement cost

2. List of Scheduled Inspections, Special Inspections and overhaul intervals due by calendar, flight hours, flight cycles and lifts and the average cost of parts/components and the estimated man-hours needed to carry out such work

3. List of inspection items with a manufactures tolerance for overage with or without penalty, i.e. 10% or 30 days whichever occurs first

4. List of recurring Airworthiness Directives and those with terminating action

5. List of Mandatory Service Bulletins

6. List of Level I, Level II and Level III, Non-Destructive Inspections/Tests required on aircraft systems/components and their intervals and the initial and recurrent training needed by maintenance personnel to carry out such work

7. Required and recommended ground support equipment and tooling in support of scheduled/unscheduled maintenance and current cost of tooling

8. List of the number and type of recommended parts/components for spares per aircraft and the current cost

9. List of top 10 unscheduled maintenance events based on trends and the average cost of each event

10. Aircraft On the Ground (AOG) service for maintenance collaboration and the cost if any, associated with this service

11. AOG parts centers for counter to counter delivery and is there drop ship authority if coming directly from the manufacturer

12. Authorized Service Center locations

13. On-line technical publications and the cost associated with the service

14. Warranty coverage for unscheduled maintenance events

15. Mandatory database subscriptions and the cost associated with such services.

5.2.2 USED HELICOPTER IDENTIFICATION, EQUIPMENT and STATUS

1. Manufacturer, Model, Year

2. Registration, Serial Number, Registration Date, Airworthiness Date

3. Private or Commercial use

4. Was aircraft operated completely or partially under a Part 135 Certificate?

5. Was the aircraft operated outside of the continental United States or Canada?

6. Has the aircraft ever operated under foreign registry? If yes, which country? What dates?

7. Airframe – Total Time Since New, Total Landings, Total Lifts,

8. Engines – Manufacture, Model, Serial Number, Total Time Since New, Total Cycles Since New, or Time/Cycles Since Overhaul

9. Is engine maintenance Time Before Overhaul (TBO) or Life Limited Components?

10. List of the airworthiness limitations of all life limited components and the current hours/cycles

11. List of Scheduled Inspections, Special Inspections and overhaul intervals due by calendar, flight hours, flight cycles and lifts and the current time/cycles remaining until next due

12. List of recurring Airworthiness Directives and those with terminating action

13. List of all Major Repairs/Alterations/Supplemental Type Certificates

14. Avionics List with Manufacturer, Model Numbers, Serial Numbers, Modification Status

15. List of Mandatory Service Bulletins

16. Aircraft Color and Last Paint Date

17. Interior Configuration

18. Type of maintenance tracking program with copies of current status of all Airframe/Engine/Component, Maintenance, Inspections and Overhaul Times/Cycles/Dates

SECTION 5 CLAUSES

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS. (APR 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE. (AUG 1996)

52.246-16 RESPONSIBILITY FOR SUPPLIES. (APR 1984)

DOE-E-2001 INSPECTION AND ACCEPTANCE (OCT 2014)

Inspection and acceptance of all items under this contract shall be accomplished by the Contracting Officer in accordance with the clause entitled 52.246-1 Contractor Inspection Requirements.. If the Contracting Officer assigns this responsibility to the Contracting Officer's Representative or another representative of the Government, the Contracting Officer shall notify the Contractor in writing.

(End of Clause)

Section 6 - Deliveries or Performance

6.1 DOE-F-2003 PERIOD OF PERFORMANCE - ALTERNATE II (OCT 2014)

The Contractor shall commence performance of this contract in accordance with the contract terms and conditions on the award date.

The Offeror shall propose the delivery time frame and/or period of performance for each line item or SLIN for line items 00002 through 00007 as follows:

DELIVERY SCHEDULE

Item/Sub Number Delivery Code Quantity Delivery Timeframe

00001 01398 2730 Days After Receipt of Order 00002 01398 2 00003 01398 2 00004 01398 2 00005 01398 2 00006 01398 2 00007 01398 2

6.2 52.242-15 STOP-WORK ORDER. (AUG 1989)

6.3 52.247-34 F.O.B. DESTINATION. (NOV 1991)

6.4 DELIVERABLES:

The Contractor shall provide the following: Online access to their database or provide two (2) electronic copies via flash drive, DVD/CD, or downloadable files for each helicopter. The Contractor shall provide deliverables within thirty (30) days after award unless specified otherwise.

Section 6.4.1 Deliverables required at time of NNSA (customer) possession.

1. Helicopter shall have Engine and Airframe Log Books.

2. Helicopter shall have Weight and Balance Data Sheet with equipment list for helicopter.

3. Helicopter shall have operating limitations information.

4. Helicopter shall have performance charts provided by the manufacturer. Performance charts can be included in the Aircraft Flight Manual/Pilot Operating Handbook (AFM/POH).

5. Helicopter shall have two (2) sets of detailed drawings for the helicopter delivered concurrent with customer possession.

6. Helicopter shall have two (2) sets of computer diagnostic system software with manuals.

7. Helicopter shall have one (1) Illustrated Parts Catalogue (IPC) Online Access or one (1) electronic copy.

8. Helicopter shall have one (1) Illustrated Tool and Equipment Manual (ITEM).

9. Helicopter shall have one (1) Master Minimum Equipment List (MMEL).

10. Helicopter shall have one (1) Weight and Balance Manual (WBM).

Section 6.4.2 Deliverables required at time of NNSA acceptance. Require one (1) hardcopy.

1. Helicopter shall have one (1) hardcopy of the Aircraft Bill of Sale (AC Form 8050-2).

2. Helicopter shall have one (1) hardcopy of the Sales Agreement/Contract

3. Helicopter shall have one (1) hardcopy of the Aircraft Registration Application (AC Form 8050-1).

4. Helicopter shall have a Standard Airworthiness Certificate (FAA Form 8130-6), or other airworthiness qualification determined acceptable by NNSA.

5. Vendor shall provide one (1) hardcopy of the Tax Exemption Form.

6. Vendor shall provide database access or electronic copies of two (2) Wiring diagrams for all electrical systems. Diagrams shall be the latest revision.

7. Helicopter shall provide database access or electronic copies of two (2) Wiring Diagrams for all avionics installations. Diagrams shall be the latest revision.

8. Helicopter shall have Aircraft Flight Manual/Pilot Operating Handbook (AFM/POH).and applicable supplements.

Section 6.4.3 Deliverables required thirty (30) days before delivery of the helicopters.

1. Helicopter shall have Airframe Maintenance Manuals.

2. Helicopter shall have and maintenance manuals for all installed avionics and special purpose equipment for helicopter plus 10-year revision service, delivered prior to helicopter delivery.

Section 6.4.4 Deliverables required within thirty (30) days after award.

1. Five (5) year revision service for Flight Manuals and all applicable supplement.

2. Helicopter shall have Engine operating and maintenance manuals.

3. Five (5) year revision service for Engine operating and maintenance manuals.

4. Helicopter shall have Engine and Airframe Illustrated Parts Breakdown Manuals.

5. Five (5) year revision service for Engine and Airframe Illustrated Parts Breakdown Manuals.

6. Five (5) year revision service for Airframe Maintenance Manuals.

7. Helicopter shall have one (1) Structural Repair Manual (SRM).

8. Helicopter shall have Service Bulletins (SB).

SECTION F CLAUSES

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

52.247-29 F.O.B. ORIGIN. (FEB 2006)

52.247-34 F.O.B. DESTINATION. (JAN 1991)

52.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY. (JUN

2003)

Section 7 - Contract Administration Data

7.1. The NNSA Non M&O Contracting Branch, will administer this contract and is the primary ordering office.

7.2. An individual of the Office of Nuclear Incident Response (NA-84) ) or the Nevada Field Office (NFO) will be appointed as a Contracting Officer Representative (COR) for this contract. The COR will act as technical representatives of the CO for the purpose of inspecting and accepting the contractor’s work and assisting the CO in the administration of this contract and task orders. The CO will notify the contractor in writing of the name of the COR.

7.3. COR does not have the authority to direct the actions of the contractor and the CO is the only individual authorized to change the terms and conditions of any of the contracts or subsequent task orders.

SECTION 7 CLAUSES

DOE-G-2001 CONTRACTING OFFICER AUTHORITY (OCT 2014)

The Contracting Officer is responsible for administration of the contract. The Contracting Officer may appoint a Contracting Officer's Representative (COR), in accordance with the clause entitled Contracting Officer's Representative, to perform specifically delegated functions. The Contracting Officer is the only individual who has the authority on behalf of the Government, among other things, to take the following actions under the [contract]:

(a) Assign additional work within the general scope of the [contract].

(b) Issue a change in accordance with the clause entitled Changes.

(c) Change the cost or price of the [contract].

(d) Change any of the terms, conditions, specifications, or services required by the [contract].

(e) Accept non-conforming work.

(f) Waive any requirement of the [contract].

(End of Clause)

DOE-G-2002 CONTRACTING OFFICER'S REPRESENTATIVE (OCT 2014)

Pursuant to the clause at DEAR 952.242-70, Technical Direction, the Contracting Officer shall designate in writing a Contracting Officer's Representative (COR) for this contract, and provide a copy of such designation to the contractor, including the delegated responsibilities and functions. The COR does not have authority to perform those functions reserved exclusively for the Contracting Officer.

(End of Clause)

DOE-G-2005 BILLING INSTRUCTIONS (MAR 2019)

(a) Contractors shall use Standard Form 1034, Public Voucher for Purchases and Services Other than Personal, when requesting payment for work performed under the contract.

(b) Contractors shall submit vouchers electronically through the DOE Office of Finance and Accounting's Vendor Invoicing Portal and Electronic Reporting System (VIPERS). VIPERS allows vendors to submit vouchers, attach supporting documentation and check the payment status of any voucher submitted to the DOE. Instructions concerning contractor enrollment and use of VIPERS can be found at https://vipers.doe.gov.

(c) A paper copy of a voucher that has been submitted electronically will not be accepted.

(End of Clause)

DOE-G-2007 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING (JUL 2018)

(a) The Contracting Officer will document the Contractor's performance under this contract (including any task orders placed against it, if applicable) by using the Contractor Performance Assessment Reporting System (CPARS). CPARS information is handled as "Source Selection Information," available to authorized Government personnel seeking past performance information when evaluating proposals for award.

(b) Contractor performance will be evaluated at least annually at the contract or task-order level, as determined by the Contracting Officer. Evaluation categories may include any or all of the following at the Government's discretion: (1) technical/quality, (2) cost control, (3) schedule, (4) management or business relations, and (5) small business subcontracting. Past performance information is available at https://www.cpars.gov. It is recommended that the Contractor take the overview training found on the CPARS website. The Contractor shall acknowledge receipt of the Government's request for comments on CPARS assessments at the time it is received and shall respond to such requests within fourteen (14) calendar days of the request.

(c) Joint Ventures. Performance assessments shall be prepared on contracts with joint ventures. When the joint venture has a unique Commercial and Government Entity (CAGE) code and Data Universal Numbering System (DUNS) number, a single assessment will be prepared for the joint venture using its CAGE code and DUNS number. If the joint venture does not have a unique CAGE code and DUNS number, separate assessments, containing identical narrative, will be prepared for each participating contractor and will state that the evaluation is based on performance under a joint venture and will identify the contractors that were part of the joint venture.

(d) In addition to the performance assessments addressed above, the Government will perform other performance assessments necessary for administration of the contract in accordance with other applicable clauses in this contract.

(End of Clause)

Section 8 - Special Contract Requirements

SECTION 8 CLAUSES

52.234-4 EARNED VALUE MANAGEMENT SYSTEM. (NOV 2016)

DOE-H-2013 CONSECUTIVE NUMBERING (OCT 2014)

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

(End of Clause)

DOE-H-2033 ALTERNATIVE DISPUTE RESOLUTION (OCT 2014)

(a) The DOE and the Contractor both recognize that methods for fair and efficient resolution of contractual issues in controversy by mutual agreement are essential to the successful and timely completion of contract requirements. Accordingly, DOE and the Contractor shall use their best efforts to informally resolve any contractual issue in controversy by mutual agreement. Issues of controversy may include a dispute, claim, question, or other disagreement. The parties agree to negotiate with each other in good faith, recognizing their mutual interests, and attempt to reach a just and equitable solution satisfactory to both parties.

(b) If a mutual agreement cannot be reached through negotiations within a reasonable period of time, the parties may use a process of alternate dispute resolution (ADR) in accordance with the clause at FAR 52.233-1, Disputes. The ADR process may involve mediation, facilitation, fact-finding, group conflict management, and conflict coaching by a neutral party. The neutral party may be an individual, a board comprised of independent experts, or a company with specific expertise in conflict resolution or expertise in the specific area of controversy. The neutral party will not render a binding decision, but will assist the parties in reaching a mutually satisfactory agreement. Any opinions of the neutral party shall not be admissible in evidence in any subsequent litigation proceedings.

(c) Either party may request that the ADR process be used. The Contractor shall make a written request to the Contracting Officer, and the Contracting Officer shall make a written request to the appropriate official of the Contractor. A voluntary election by both parties is required to participate in the ADR process. The parties must agree on the procedures and terms of the process, and officials of both parties who have the authority to resolve the issue must participate in the agreed upon process.

(d) ADR procedures may be used at any time that the Contracting Officer has the authority to resolve the issue in controversy. If a claim has been submitted by the Contractor, ADR procedures may be applied to all or a portion of the claim. If ADR procedures are used subsequent to issuance of a Contracting Officer's final decision under the clause at FAR 52.233-1, Disputes, their use does not alter any of the time limitations or procedural requirements for filing an appeal of the Contracting Officer's final decision and does not constitute reconsideration of the final decision.

(e) If the Contracting Officer rejects the Contractor's request for ADR proceedings, the Contracting Officer shall provide the Contractor with a written explanation of the specific reasons the ADR process is not appropriate for the resolution of the dispute. If the Contractor rejects the Contracting Officer's request to use ADR procedures, the Contractor shall provide the Contracting Officer with the reasons for rejecting the request.

(End of Clause)

DOE-H-2048 PUBLIC AFFAIRS - CONTRACTOR RELEASES OF INFORMATION (OCT 2014)

In implementation of the clause at DEAR 952.204-75, Public Affairs, all communications or releases of information to the public, the media, or Members of Congress prepared by the Contractor related to work performed under the contract shall be reviewed and approved by DOE prior to issuance. Therefore, the Contractor shall, at least 14 calendar days prior to the planned issue date, submit a draft copy to the Contracting Officer of any planned communications or releases of information to the public, the media, or Members of Congress related to work performed under this Firm-Fixed Price contract. The Contracting Officer will obtain necessary reviews and clearances and provide the Contractor with the results of such reviews prior to the planned issue date.

(End of Clause)

DOE-H-2065 REPORTING OF FRAUD, WASTE, ABUSE, CORRUPTION, OR MISMANAGEMENT

(OCT 2014)

The Contractor shall comply with the following:

(a) Notify employees annually of their duty to report allegations of fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement relating to DOE programs, operations, facilities, contracts, or information technology systems to an appropriate authority (e.g., OIG, other law enforcement, supervisor, employee concerns office, security officials). Examples of violations to be reported include, but are not limited to, allegations of false statements; false claims; bribery; kickbacks; fraud; DOE environment, safety, and health violations; theft; computer crimes; contractor mischarging; conflicts of interest; and conspiracy to commit any of these acts. Contractors must also ensure that their employees are aware that they may always report incidents or information directly to the Office of Inspector General (OIG).

(b) Display the OIG hotline telephone number in buildings and common areas such as cafeterias, public telephone areas, official bulletin boards, reception rooms, and building lobbies.

(c) Publish the OIG hotline telephone number in telephone books and newsletters under the Contractor's cognizance.

(d) Ensure that its employees report to the OIG within a reasonable period of time, but not later than 24 hours after discovery, all alleged violations of law, regulations, or policy, including incidents of fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement, that have been referred to Federal, State, or local law enforcement entities.

(e) Ensure that its employees report to the OIG any allegations of reprisals taken against employees who have reported to the OIG fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement.

(f) Ensure that its managers do not retaliate against DOE contractor employees who report fraud, waste, abuse, misuse, corruption, criminal acts, or mismanagement.

(g) Ensure that all their employees understand that they must-

(1) Comply with requests for interviews and briefings and must provide affidavits or sworn statements, if so requested by an employee of the OIG so designated to take affidavits or sworn statements;

(2) Not impede or hinder another employee's cooperation with the OIG; and

(3) Not take reprisals against DOE contractor employees who cooperate with or disclose information to the OIG or other lawful appropriate authority.

(4) Seek more specific guidance concerning reporting of fraud, waste, abuse, corruption, or mismanagement, and cooperation with the Inspector General, in DOE directives.

(End of Clause)

DOE-H-2071 DEPARTMENT OF ENERGY DIRECTIVES (OCT 2014)

(a) In performing work under this contract, the Contractor shall comply with the requirements of those Department of Energy (DOE) directives, or parts thereof identified below or identified elsewhere in the contract.

DOE O 471.1B, Identification and Protection of Unclassified Controlled Nuclear Information

(b) The Contracting Officer may, at any time, unilaterally amend this clause, or other clauses which incorporate DOE directives, in order to add, modify or delete specific requirements. Prior to revising the listing of directives, the Contracting Officer shall notify the Contractor in writing of the Department's intent to revise the list, and the Contractor shall be provided with the opportunity to assess the effect of the Contractor's compliance with the revised list on contract cost and funding, technical performance, and schedule, and identify any potential inconsistencies between the revised list and the other terms and conditions of the contract. Within 30 days after receipt of the Contracting Officer's notice, the

Contractor shall advise the Contracting Officer in writing of the potential impact of the Contractor's compliance with the revised list. Based on the information provided by the Contractor and any other information available, the Contracting Officer shall decide whether to revise the listing of directives and so advise the Contractor not later than 30 days prior to the effective date of the revision.

(c) Notwithstanding the process described in paragraph(b), the Contracting Officer may direct the Contractor to immediately begin compliance with the requirements of any directive.

(d) The Contractor and the Contracting Officer shall identify and, if appropriate, agree to any changes to other contract terms and conditions, including cost and schedule, associated with the revision pursuant to the clause of this contract at FAR 52.243-1 Changes-Fixed-Price.

(e) Regardless of the performer of the work, the Contractor is responsible for compliance with the requirements of…