Solicitation 89303023REI000090 Draft.docx

Section B - Supplies or Services/Prices DOE-B-2001 COST-PLUS-FIXED-FEE CONTRACT: TOTAL ESTIMATED COST AND FIXED FEE (OCT 2014) [COST-PLUS-FIXED-FEE ORDERS ONLY]

(a) This is a Cost-Plus-Fixed-Fee type contract. In accordance with the clause at 52.228-5 52.216-8, Fixed Fee, the total estimated cost and fixed-fee for this contract are as follows:

Total Estimated Cost [As negotiated at the Issuance of CPFF Task Orders] Fixed Fee [As negotiated at the Issuance of CPFF Task Orders]

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

[As negotiated at the Issuance of CPFF Task Orders]

(c) Payment of fee will be made in accordance with [As negotiated at the Issuance of CPFF Task Orders]

DOE-B-2006 FIRM-FIXED-PRICE CONTRACT (OCT 2014) [FIRM-FIXED-PRICE ORDERS ONLY]

(a) This is a firm-fixed-price contract. The Contractor shall provide the following [insert 'supplies' or 'services,' as applicable – As negotiated at the Issuance of FFP Task Orders] at the fixed unit prices specified:

[Table – As negotiated at the Issuance of FFP Task Orders]

(b) Payments of the fixed unit prices and the total contract price will be made in accordance with [insert instructions for payment or title of applicable contract clause addressing payment – As negotiated at the Issuance of FFP Task Orders] DOE-B-2008 TIME-AND-MATERIALS CONTRACT (OCT 2014) [TIME-AND-MATERIALS ORDERS ONLY]

(a) This is a time-and-materials contract. The Contractor shall provide the direct-productive-labor-hours (DPLH) at the fixed-hourly rates shown below by performing entity:

(1) For work performed by the Contractor's employees, the following labor categories, DPLH and fixed labor rates shall apply:

[Table insert applicable information in table to include CLIN Number, Labor Category, Fixed Hourly Rate, DPLH and Total Amount or in an appendix in Section J or N/A – As negotiated at the Issuance of T&M Task Orders]

(2) For work performed by subcontractor employees, the following labor categories, DPLH and fixed labor rates shall apply:

[Table insert applicable information in table to include CLIN Number, Labor Category, Fixed Hourly Rate, DPLH and Total Amount or in an appendix in Section J or N/A – As negotiated at the Issuance of T&M Task Orders]

(3) For work performed by a division/subsidiary/affiliate of the Contractor, the following labor categories, DPLH and fixed labor rates shall apply:

[Table insert applicable information in table to include CLIN Number, Labor Category, Fixed Hourly Rate, DPLH and Total Amount or in an appendix in Section J or N/A – As negotiated at the Issuance of T&M Task Orders]

(b) The Contractor shall be reimbursed for the cost of materials, supplies, equipment, travel, or other direct costs in accordance with the applicable cost principles contained in the contract clause at FAR 52.216-7, Allowable Cost and Payment. The estimated cost of materials, supplies, equipment, travel, or other direct costs for this contract is [insert estimated cost – As negotiated at the Issuance of T&M Task Orders.]

(c) The total ceiling price of this contract is [insert total for DPLH plus materials, etc. or separately as applicable – As negotiated at the Issuance of T&M Task Orders.]

(d) Payment for the DPLH provided and materials, supplies, equipment, travel, or other direct costs, if any, shall be made in accordance with [insert instructions for payment or title of applicable contract clause addressing payment – As negotiated at the Issuance of T&M Task Orders L] DOE-B-2003 COST-PLUS-INCENTIVE-FEE CONTRACT: TOTAL ESTIMATED COST AND INCENTIVE FEE (OCT 2014) [COST-PLUS-INCENTIVE-FEE ORDERS ONLY]

(a) This is a Cost-Plus-Incentive-Fee type contract. In accordance with the clause at FAR 52.216-10, Incentive Fee, the target cost, target fee, maximum and minimum fees, and the target fee increase and decrease ratios for this contract are shown below:

Target Cost _____ [insert target cost - As negotiated at the Issuance of CPIF Task Orders] Target Fee _____[insert target fee - As negotiated at the Issuance of CPIF Task Orders] Maximum Fee _____ [insert maximum fee - As negotiated at the Issuance of CPIF Task Orders] Minimum Fee _____ [insert minimum fee - As negotiated at the Issuance of CPIF Task Orders] Target Fee Increase Ratio: ______Cents/Dollar Less Than Target Cost [insert amount - As negotiated at the Issuance of CPIF Task Orders] Target Fee Decrease Ratio:_____ Cents/Dollar More Than Target Cost [insert amount - As negotiated at the Issuance of CPIF Task Orders]

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

[insert, if any, line item nos. and associated amounts for cost, fee, and fee increase/decrease ratio - As negotiated at the Issuance of CPIF Task Orders]

(c) Payment of fee shall be made in accordance with the clause 52.216-10, Incentive Fee and the clause in the contract entitled [insert applicable clause addressing fee payment in addition to FAR clause - As negotiated at the Issuance of CPIF Task Orders].

DOE-B-2010 INDEFINITE-QUANTITY CONTRACT (OCT 2014)

(a) This is an indefinite-quantity contract. The Contractor shall provide the following services at the fixed unit prices specified, within the minimum and maximum quantities as the Government may require, on a schedule to be specified by the Government in accordance with the contract clause FAR 52.216-22 Indefinite Quantity.

The ceiling price of this IDIQ contract is $900,000,000.00. All task orders, including associated profit/fee count against this ceiling. The minimum quantity to be ordered as required by FAR 52.216-22 Indefinite Quantity is as follows:

MINIMUM AND MAXIMUM AMOUNTS

GUARANTEED MINIMUM AMOUNT: $1,000.00

ESTIMATED MAXIMUM ORDER AMOUNT: $900,000,000.00

(b) Payment for the services ordered and delivered shall be made in accordance with DOE-G-2005 Billing Instructions – Alternate I.

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 Performance Work Statement.

DOE-B-2013 OBLIGATION OF FUNDS (OCT 2014)

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

[Funds to be Obligated at Order Level].

DOE-B-2015 TASK ORDER FEE CEILING (OCT 2014)

(a) The fee amount, specified as a percentage, is [fee percentage—Established and Fixed at Award] for cost-plus-fixed-fee type Task Orders and shall serve as the fee ceiling for all cost-plus-fixed-fee Task Orders issued under the contract.

(b) The fee amount, specified as a percentage, is [fee percentage—Established at Award] for cost-plus-award-fee-type Task Orders and shall serve as the fee ceiling for all cost-plus-award-fee Task Orders issued under the contract.

(c) The fee amount for each Task Order will be established in each individual Task Order. The Contractor may propose whatever fee amount it determines appropriate for the individual task order, provided that the fee amount as a percentage of the estimated cost of each proposed Task Order does not exceed the fee percentage ceiling for cost-plus-fixed-fee or cost-plus-award-fee Task Orders, as specified above. For cost-plus-award-fee Task Orders, the fee ceiling percentage applies to the total of the amount proposed for base fee plus award fee.

(d) The fee ceiling percentage shall at no time exceed any statutory limitations imposed by 10 U.S.C. 2306(d), 41 U.S.C. 254(b), and FAR 15.404-4(b)(4)(i).

DOE-B-2016 INDIRECT COSTS – PREDETERMINED RATES (OCT 2014)

Pursuant to [insert “FAR 52.216-15 entitled ‘Predetermined Indirect Cost Rates’” for contracts with education institutions or “FAR 52.216-15 entitled ‘Predetermined Indirect Cost Rates’ as modified by DEAR 952.216-15” for state and local governments], the following predetermined rate(s) are established for the time periods indicated:

DOE-B-2017 GOVERNMENT PROVIDED COSTS (OCT 2014)

(a) The total estimated cost of this contract includes the following estimated costs for the identified portions of the work:

[Other Direct Costs - $33,000,000.00 (maximum estimated ceiling for the entire 120 month performance period)]

(b) These costs are the Government's best estimate of the expected actual cost of these portions of the work. There will be no adjustment in the fee(s) in the contract if the actual cost is different, except as the result of a change in accordance with the clause in the contract entitled Changes-Cost-Reimbursement.

END OF SECTION B

Section C - Description/Specifications

DOE-C-2002 PERFORMANCE WORK STATEMENT (OCT 2014)

See Attachment C – Performance Work Statement.

DOE-C-2003 REPORTS (OCT 2014)

The Contractor shall prepare and submit reports in accordance with Attachment C – Performance Work Statement in Section J, and as specified in other clauses in the contract.

END OF SECTION C

Section D - Packaging and Marking

DOE-D-2001 PACKAGING AND MARKING (OCT 2014)

(a) Preservation, packaging and packing for shipment or mailing of all work delivered hereunder shall be in accordance with good commercial practice and adequate to insure acceptance by common carrier and safe transportation at the most economical rate(s), including electronic means.

(b) Each package, report or other deliverable shall be accompanied by a letter or other document which -

(1) Identifies the contract by number pursuant to which the item is being delivered;

(2) Identifies the deliverable item number or report requirement which requires the delivered item; and

(3) Indicates whether the Contractor considers the delivered item to be a partial or full satisfaction of the requirement.

(c) For any package, report, or other deliverable being delivered to a party other than the Contracting Officer, a copy of the document required by paragraph (b) shall be simultaneously delivered to the office administering this contract, as identified in Section G of the contract, or if none, to the Contracting Officer.

END OF SECTION D

Section E - Inspection and Acceptance

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 clauses entitled FAR 52.246-4; FAR 52.246-5; and FAR 52.246-6. 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.

CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEB 1998)

This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clauses may be accessed electronically at this address: http://www.acquisition.gov/far/index.html.

Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Related to Section E:

END OF SECTION E

Section F - Deliveries or Performance

DOE-F-2002 PLACE OF PERFORMANCE - SERVICES (OCT 2014)

The services specified by this contract shall be performed at the following location(s):

U.S. Energy Information Administration James Forrestal Building 1000 Independence Avenue, S.W.

Washington, D.C. 20585

Or Contractor remote location(s), as specified in orders.

DOE-F-2003 PERIOD OF PERFORMANCE (OCT 2014)

The Contractor shall commence performance of this contract in accordance with the contract terms and conditions on October 1, 2023 and continue through September 30, 2033.

DOE-F-2004 DELIVERY POINT (OCT 2014)

(a) Delivery of all items under this contract shall be made to the following address:

[Determined at Task Order Level]

(b) Delivery for the purpose of inspection, acceptance and the Prompt Payment Act must be through the above shipping address unless another location has been authorized by the Contracting Officer. If delivery is made to another location without authorization from the Contracting Officer, a delivery for the purposes of the Prompt Payment Act has not occurred and no interest penalty under the Act shall result.

DOE-F-2007 DELIVERY OF LIMITED RIGHTS DATA (OCT 2014)

(a) Delivery of limited rights data. The Contractor shall, at the option of the Contracting Officer, be required to deliver any limited rights data used in the performance of this contract. Such data shall be subject to the provisions of the clause at FAR 52.227-14, Rights in Data--General, paragraph (g), "Protection of limited rights data and restricted computer software," with Alternatives II and V which are incorporated into this contract.

(b) The limited rights data subject to the clause at FAR 52.227-14, Rights in Data-General, are listed below. This listing of limited rights data, which are asserted by the Contractor to be limited rights data, does not constitute an admission by the Government that the data is in fact limited rights data.

APPLICABILITY DETERMINED AT TASK ORDER LEVEL

If a patent is issued by the United States Patent and Trademark Office (U.S. PTO) or the patent office of any foreign country based on any information asserted to be limited rights data, the Government will no longer treat any data contained in such issued patent as limited rights data. In addition, if any information asserted to be limited rights data results in or becomes a Subject Invention, as that term is defined in the patent rights clause of this agreement, the Government will only treat such data as limited rights data until the Contractor has filed its initial patent application.

(c) The Contractor shall not introduce or utilize any limited rights data not identified in above without advance written notification to the Contracting Officer.

(d) Notwithstanding any other provision of this Contract, the following data shall be delivered to the. Government with unlimited rights:

[Contracting Officer to specify what data is to be delivered to the Government with unlimited rights – To Be Determined at Order Level]

DOE-F-2008 DELIVERY OF RESTRICTED COMPUTER SOFTWARE (OCT 2014)

(a) Delivery of restricted computer software. The Contractor shall, at the option of the Contracting Officer, be required to deliver any restricted computer software used in the performance of this contract. Such restricted computer software shall be subject to the provisions of clause at FAR 52.227-14, Rights in Data-General, paragraph (g), "Protection of limited rights data and restricted computer software," with Alternatives III and V which are incorporated into this contract.

(b) The restricted computer software subject to the clause at FAR 52.227-14, Rights in Data General, are [Insert either 'listed below' or 'included in Attachment number 'insert number' attached to this contract and made a part hereof].

[Restricted software listed if not included in an attachment – To Be Determined at Order Level] This listing of restricted computer software, which is asserted by the Contractor to be restricted computer software, does not constitute an admission by the Government that the data is in fact restricted computer software.

[Contractor to identify and certify specific data asserted to be restricted computer software, if not included in an attachment – To Be Determined at Order Level] If a patent is issued by the United States Patent and Trademark Office (U.S. PTO) or the patent office of any foreign country based on any information asserted to be restricted computer software, the Government will no longer treat any data contained in such issued patent as restricted computer software. In addition, if any information asserted to be restricted computer software results in or becomes a Subject Invention, as that term is defined in the patent rights clause of this agreement, the Government will only treat such data as restricted computer software until the Contractor has filed its initial patent application.

(c) The Contractor shall not introduce or utilize any restricted computer software not identified above without advance written notification to the Contracting Officer.

(d) Notwithstanding any other provision of this contract, the following data shall be delivered to the Government with unlimited rights:

[Contracting Officer to specify what data is to be delivered to the Government with unlimited rights – To Be Determined at Order Level].

CLAUSES INCORPORATED BY REFERENCE, FAR 52.252-2 (FEB 1998)

This contract incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clauses may be accessed electronically at this address: http://www.acquisition.gov/far/index.html.

Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Related to Section F:

END OF SECTION F

Section G - Contract Administration Data

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].

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.

DOE-G-2003 CONTRACTOR’S PROGRAM MANAGER (OCT 2014)

(a) The Contractor shall designate a Program Manager who will be the Contractor’s authorized supervisor for technical and administrative performance of all work hereunder. The Program Manager shall be the primary point of contact between the Contractor and the COR under this Contract.

(b) The Program Manager shall receive and execute, on behalf of the Contractor, such technical directions as the COR may issue within the terms and conditions of the Contract.

DOE-G-2004 CONTRACT ADMINISTRATION (OCT 2014)

To promote timely and effective contract administration, correspondence delivered to the Government under this contract shall reference the contract number, title, and subject matter, and shall be subject to the following procedures:

(a) Technical correspondence. Technical correspondence shall be addressed to the Contracting Officer's Representative (COR) for this contract, and a copy of any such correspondence shall be sent to Contract Specialist. As used herein, technical correspondence does not include correspondence where patent or rights in data issues are involved, nor technical correspondence which proposes or involves waivers, deviations, or modifications to the requirements, terms or conditions of this contract.

(b) Other Correspondence.

(1) Correspondence regarding patent or rights in data issues should be sent to the Intellectual Property Counsel. A copy of such correspondence shall be provided to the Contract Specialist.

(2) If no Government Contract Administration Office is designated on Standard Form 33 (Block 24) or Standard Form 26 (Block 6), all correspondence, other than technical correspondence and correspondence regarding patent or rights in data, including correspondence regarding waivers, deviations, or modifications to requirements, terms or conditions of the contract, shall be addressed to the Contract Specialist. Copies of all such correspondence shall be provided to the COR.

(3) Where a Government Contract Administration Office, other than DOE, is Designated on either Standard Form 33 (Block 24), or Standard Form 26 (Block 6), of this contract, all correspondence, other than technical correspondence, shall be addressed to the Government Contract Administration Office so designated, with copies of the correspondence to the Contract Specialist and the COR.

(c) Information regarding correspondence addresses and contact information is as follows:

(1) Contract Specialist:

(A) Name: TBD

(B) Telephone number: TBD

(C) Address: 1000 Independence Avenue, SW, Washington, D.C. 20585

(D) Email address: TBD

(2) Contracting Officer:

(A) Name: TBD

(B) Telephone number: TBD

(C) Address: 1000 Independence Avenue, SW, Washington, D.C. 20585

(D) Email address: TBD

(3) Contracting Officer's Representative:

(A) Name: TBD

(B) Telephone number: TBD

(C) Address: 1000 Independence Avenue, SW Washington, D.C. 20585

(D) Email address: TBD

(4) Intellectual Property Counsel:

(A) Name:

(B) Telephone number:

(C) Address:

(D) Email address:

DOE-G-2005 BILLING INSTRUCTIONS (OCT 2014) [FIRM-FIXED-PRICE AND T&M ORDERS ONLY]

(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 Oak Ridge Financial Service Center's (ORFSC) Vendor Inquiry Payment 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.

DOE-G-2005 BILLING INSTRUCTIONS (MAR 2019) - ALTERNATE I (MAR 2019) [COST REIMBURESMENT ORDERS ONLY]

(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.

(d) The voucher must include a statement of cost and supporting documentation for services rendered. This statement should include, as a minimum, a breakout by cost or price element and task order (if applicable) of all services actually provided by the Contractor, both for the current billing period and cumulatively for the entire contract.

(1) Statement of Cost. The Contractor shall prepare and submit a Statement of Cost with each voucher in accordance with the following:

(A) Statement of Cost must be completed in accordance with the Contractor's cost accounting system.

(B) Costs claimed must be only those recorded costs authorized for billing by the payment provisions of the contract.

(C) Indirect costs claimed must reflect the rates approved for billing purposes by the Contracting Officer.

(D) The Direct Productive Labor Hours (DPLH) incurred during the current billing period must be shown and the DPLH summary completed, if applicable.

(E) The total fee billed, retainage amount, and available fee must be shown.

(F) If task orders or task assignments are issued under this contract, the Contractor must prepare a Statement of Cost for each task order work assignment and a summary for the total invoiced cost.

(2) The Contractor shall prepare and submit the supporting documentation with each voucher in accordance with the following:

(A) Direct costs (e.g., labor, equipment, travel, supplies, etc.) claimed for reimbursement on the Statement of Cost must be adequately supported. The level of detail provided must clearly indicate where the funds were expended. For example, support for labor costs must include the labor category (e.g., program manager, senior engineer, technician, etc.), the hourly rate, the labor cost per category, and any claimed overtime; equipment costs must be supported by a list of the equipment purchased, along with the item's cost; supporting data for travel must include the destination of the trip, number and labor category of travelers, transportation costs, per diem costs, and purpose of the trip; and supplies should be categorized by the nature of the items (e.g., office, lab, computer, etc.) and the dollar amount per category.

(B) Any cost sharing or in-kind contributions incurred by the Contractor and/or third party during the billing period must be included.

(C) Indirect rates used for billings must be clearly indicated, as well as their basis of application. When the cognizant Administrative Contracting Officer (ACO) or auditor approves a change in the billing rates, include a copy of the approval.

(D) All claimed subcontractor costs must be supported by submitting the same detail as outlined herein.

DOE-G-2007 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING (NOV 2021)

(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 unique entity identifier, a single assessment will be prepared for the joint venture using its CAGE code and unique entity identifier. If the joint venture does not have a unique CAGE code and unique entity identifier, 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.

DOE-G-2008 NON-SUPERVISION OF CONTRACTOR EMPLOYEES (OCT 2014)

The Government shall not exercise any supervision or control over Contractor employees performing services under this contract. The Contractor's employees shall be held accountable solely to the Contractor's management, who in turn is responsible for contract performance to the Government.

END OF SECTION G

Section H - Special Contract Requirements

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.

DOE-H-2018 PRIVACY ACT SYSTEM OF RECORDS (OCT 2014)

The Contractor shall design, develop, or adopt the following systems of records on individuals to accomplish an agency function pursuant to the Section I clause entitled, "FAR 52.224-2, Privacy Act."

Directives — DOE Directives, Guidance, and Delegations

DOE-H-2026 CONTRACTOR PURCHASING SYSTEM ADMINISTRATION (OCT 2014)

(a) Definitions. As used in this clause—- Acceptable purchasing system means a purchasing system that complies with the system criteria in paragraph (c) of this clause.

Purchasing system means the Contractor's system or systems for purchasing and subcontracting, including make-or-buy decisions, the selection of vendors, analysis of quoted prices, negotiation of prices with vendors, placing and administering of orders, and expediting delivery of materials.

Significant deficiency means a shortcoming in the system that materially affects the ability of officials of the Department of Energy to rely upon information produced by the system that is needed for management purposes.

(b) General. The Contractor shall establish and maintain an acceptable purchasing system. If the Contractor plans to adopt the existing system from the previous Contractor, the Contractor is responsible for the system and shall comply with the system criteria required in this clause. The Contractor shall provide in writing to the Contracting Officer documentation that its purchasing system meets the system criteria in paragraph (c) of this clause no later than 60 days after contract award. Failure to maintain an acceptable purchasing system, as defined in this clause, may result in disapproval of the system by the Contracting Officer and/or withholding of payments.

(c) System criteria. The Contractor's purchasing system shall—-

(1) Have an adequate system description including policies, procedures, and purchasing practices that comply with the Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) and the Department of Energy Acquisition Regulation (48 CFR Chapter 9);

(2) Ensure that all applicable purchase orders and subcontracts contain all flowdown clauses, including terms and conditions and any other clauses needed to carry out the requirements of the prime contract;

(3) Maintain an organization plan that establishes clear lines of authority and responsibility;

(4) Ensure all purchase orders are based on authorized requisitions and include a complete and accurate history of purchase transactions to support vendor selected, price paid, and document the subcontract/purchase order files which are subject to Government review;

(5) Establish and maintain adequate documentation to provide a complete and accurate history of purchase transactions to support vendors selected and prices paid;

(6) Apply a consistent make-or-buy policy that is in the best interest of the Government;

(7) Use competitive sourcing to the maximum extent practicable, and ensure debarred or suspended contractors are properly excluded from contract award;

(8) Evaluate price, quality, delivery, technical capabilities, and financial capabilities of competing vendors to ensure fair and reasonable prices;

(9) Require management level justification and adequate cost or price analysis, as applicable, for any sole or single source award;

(10) Perform timely and adequate cost or price analysis and technical evaluation for each subcontractor and supplier proposal or quote to ensure fair and reasonable subcontract prices;

(11) Document negotiations in accordance with 48 CFR 15.406-3;

(12) Seek, take, and document economically feasible purchase discounts, including cash discounts, trade discounts, quantity discounts, rebates, freight allowances, and company-wide volume discounts;

(13) Ensure proper type of contract selection and prohibit issuance of cost-plus-a-percentage-of-cost subcontracts;

(14) Maintain subcontract surveillance to ensure timely delivery of an acceptable product and procedures to notify the Government of potential subcontract problems that may impact delivery, quantity, or price;

(15) Document and justify reasons for subcontract changes that affect cost or price;

(16) Notify the Government of the award of all subcontracts that contain the 48 CFR Chapter 1 and 48 CFR Chapter 9 flowdown clauses that allow for Government audit of those subcontracts, and ensure the performance of audits of those subcontracts;

(17) Enforce adequate policies on conflict of interest, gifts, and gratuities, including the requirements of the 41 U.S.C. chapter 87, Kickbacks;

(18) Perform internal audits or management reviews, training, and maintain policies and procedures for the purchasing department to ensure the integrity of the purchasing system;

(19) Establish and maintain policies and procedures to ensure purchase orders and subcontracts contain mandatory and applicable flowdown clauses, as required by the 48 CFR chapter 1, including terms and conditions required by the prime contract and any clauses required to carry out the requirements of the prime contract;

(20) Provide for an organizational and administrative structure that ensures effective and efficient procurement of required quality materials and parts at the best value from responsible and reliable sources;

(21) Establish and maintain selection processes to ensure the most responsive and responsible sources for furnishing required quality parts and materials and to promote competitive sourcing among dependable suppliers so that purchases are reasonably priced and from sources that meet contractor quality requirements;

(22) Establish and maintain procedures to ensure performance of adequate price or cost analysis on purchasing actions;

(23) Establish and maintain procedures to ensure that proper types of subcontracts are selected, and that there are controls over subcontracting, including oversight and surveillance of subcontracted effort; and

(24) Establish and maintain procedures to timely notify the Contracting Officer, in writing, if-

(i) The Contractor changes the amount of subcontract effort after award such that it exceeds 70 percent of the total cost of the work to be performed under the contract, task order, or delivery order. The notification shall identify the revised cost of the subcontract effort and shall include verification that the Contractor will provide added value; or

(ii) Any subcontractor changes the amount of lower-tier subcontractor effort after award such that it exceeds 70 percent of the total cost of the work to be performed under its subcontract. The notification shall identify the revised cost of the subcontract effort and shall include verification that the subcontractor will provide added value as related to the work to be performed by the lower-tier subcontractor(s).

(d) Significant deficiencies. (1) The Contracting Officer will provide notification of initial determination to the Contractor, in writing, of any significant deficiencies. The initial determination will describe the deficiency in sufficient detail to allow the Contractor to understand the deficiency.

(2) The Contractor shall respond within 30 days to a written initial determination from the Contracting Officer that identifies significant deficiencies in the Contractor's purchasing system. If the Contractor disagrees with the initial determination, the Contractor shall state, in writing, its rationale for disagreeing. In the event the Contractor did not respond in writing to the initial determination within the response time, this lack of response shall indicate that the Contractor agrees with the initial determination.

(3) The Contracting Officer will evaluate the Contractor's response or the Contractor's lack of response and notify the Contractor, in writing, of the Contracting Officer's final determination concerning—-

(i) Remaining significant deficiencies;

(ii) The adequacy of any proposed or completed corrective action; and

(iii) System disapproval, if the Contracting Officer determines that one or more significant deficiencies remain.

(e) If the Contractor receives the Contracting Officer's final determination of significant deficiencies, the Contractor shall, within 45 days of receipt of the final determination, either correct the significant deficiencies or submit an acceptable corrective action plan showing milestones and actions to eliminate the deficiencies.

(f) Withholding payments. If the Contracting Officer makes a final determination to disapprove the Contractor's purchasing system, and the contract includes the Section H clause Contractor Business Systems, the Contracting Officer will withhold payments in accordance with that clause.

DOE-H-2029 POSITION QUALIFICATIONS (OCT 2014)

The Contractor shall provide personnel for the performance of this contract, whether employees of the Contractor or employees of a subcontractor, which satisfy as a minimum the applicable labor category qualifications, both education and experience, set forth in the "Position Qualifications" in Section J, Attachment A - Position Descriptions & Qualifications, except as the Contracting Officer may otherwise authorize.

DOE-H-2032 ORDERING UNDER A MULTIPLE AWARD CONTRACT (JUL 2017)

(a) The Government has awarded more than one contract for the work specified in this contract. Periodically, the Contracting Officer may issue Requests for Task Order Proposals (RTP) and award task orders under one or more of these contracts, including that of the Contractor, pursuant to this clause. The Contractor shall not be paid for the costs of preparing task order proposals as a direct cost under this contract or any task order.

The Contracting Officer may issue task orders of the following types under the procedures set forth under these clauses: Cost-Plus-Fixed-Fee Contract; Cost-Plus-Incentive-Fee Contract; Firm-Fixed-Price Contract; and Time-and-Materials Contract.

(b) The Contractor agrees that issuance of a task order in accordance with any of the procedures set forth in this clause is deemed to have provided the Contractor a "fair opportunity to be considered" as that phrase is used in Section 303J(b) of the Federal Property and Administrative Services Act of 1949, as amended.

(c) The Contracting Officer shall provide each contractor a fair opportunity to be considered for a task order exceeding $3,500, unless one of the following exceptions applies:

(1) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(2) Only one contractor is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(4) It is necessary to place an order to satisfy a minimum guarantee.

(5) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the order be placed with a specified source.

(6) The order is set-aside for small business concerns.

(d) Procedures for Issuance of RTPs. The Contracting Officer will furnish the Contractor with an RTP which will include, at a minimum-

(1) A description of the required work, required deliverables, and place of performance;

(2) The anticipated performance period and/or delivery schedule;

(3) A description of the task order type;

(4) Any property, material or services to be made available for performance of the order;

(5) Any other pertinent information, such as applicable Service Contract Act wage rates, site visit date, any requirements for cost or pricing data;

(6) The number of copies of the Contractor's proposal that need to be submitted in response to the RTP;

(7) A reasonable response time, and a common cut-off date for receipt of proposals and the place for submission of proposals;

(8) Basis for award of the Task Order; and

(9) For Task Orders exceeding $5.5M, the following additional information will be provided:

(A) A notice that includes a clear statement of the task order requirements, and

(B) Disclosure of the significant factors or subfactors (if any) including cost or price that the agency will consider in evaluating proposals and their relative importance.

(C) The Contractor shall, within the time specified in the RTP, provide its proposal addressing the requirements as specified in the RTP.

(e) Procedures for Conducting Task Order Competition.

(1) Pre-proposal Conferences and Information Exchanges.

(A) If a pre-proposal conference is held or a draft RTP is issued, there will be an opportunity for submittal of relevant written questions and answers.

(B) Site visits are at the discretion of the Contracting Officer; if there is an opportunity for site visits, one week's notice will be provided to contractors.

(C) An RTP may request limited technical and/or limited cost information.

(2) After the submission of proposals, the following exchanges with contractors will not necessitate exchanges with all contractors:

(A) Limited exchanges to clarify (without permitting revisions) of certain aspects of proposals or to resolve minor or clerical errors.

(B) Obtaining written agreement from the Contractor for incorporation of commitments/statements proposed by the Contractor in technical or cost proposals.

(C) Obtaining agreement to limitations to such cost elements as indirect rates.

(D) Change in statutory fixed fee percentage.

(E) Adverse past performance information, substitutions of past performance references and any other matters pertaining to past performance.

(F) Questions pertaining to locating information in proposals.

(G) Requests for back-up to cost information.

(H) Questions and answers to questions concerning mathematical calculations.

(3) Revisions to proposals.

(A) The Contracting Officer, at his or her discretion, may-

(i) Limit the number of contractors that can submit revised proposals in response to an RTP;

(ii) Not request revisions from contractors who have submitted proposals that would require substantial or major revisions and/or if the initial proposal is determined to be technically unacceptable;

(iii) Conduct exchanges on limited aspects of a proposal and/or limit revisions to only specific parts of the technical or cost proposal based upon a determination that there is not a material impact to the other sections of the technical and cost proposal;

(iv) Limit negotiations and revisions to fee only; and

(v) Not provide information regarding all aspects of the evaluation of the Contractor's proposal and limit the information provided to only the deficiencies and/or significant weaknesses or significant cost issues.

(B) All contractors which have been requested to submit revisions will be provided a common date by which all revisions are to be submitted.

(C) Correction of minor errors or inconsistencies will not be considered a revised proposal subject to paragraph (3)(A) above.

(f) Basis for Award of Task Orders.

(1) An individual task order may be awarded on any one of the following:

(A) Award of the task order based substantially on cost/price.

(B) Award of the task order based on technical merit and quality being substantially more important than cost/price.

(C) Award of the task order based upon cost/price, technical merit, and quality being approximately equal.

(2) The Contractor's past performance on earlier task orders issued under the contract may also be a considered for award of the task order under the RTP. Elements to be considered include, but are not limited to quality, timeliness and cost control. Information considered may include, but not be limited to, past performance information for the Contractor, teaming partner, and major or critical subcontractors. If a teaming partner or major or critical subcontractor has changed during the contract performance period, past performance information for that new entity shall be evaluated as part of the evaluation of the Contractor's proposal.

(3) The Contracting Officer may also consider the impact of other task orders placed with the Contractor in making the new task order award decision.

(g) The Contractor agrees, pursuant to 41 USC 4106, that the filing of a protest is not authorized in connection with the issuance or proposed issuance of a task order except for-

(1) A protest on the grounds that the task order increases the scope, period, or maximum value of a contractor's contract; or

(2) A protest of a task order valued in excess of $10 million which may only be filed with the Government Accountability Office in accordance with the procedures at FAR 33.104.

(h) An ombudsman has been designated at the contracting activity awarding this contract to ensure that all contractors are afforded a "fair opportunity" to be considered for task or delivery orders pursuant to FAR 16.5. The purpose of the ombudsman is not to diminish the authority of the Contracting Officer, but to receive on behalf of and to communicate to the appropriate Government personnel concerns and disagreements of contractors not receiving a specific task and to work to resolve the matter. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the original selection of contractors or in the evaluation or determination of the issuance of task or delivery orders under this contract, does not act in the capacity of a Contracting Officer, and does not participate in the adjudication of contract disputes in regard to multiple award task or delivery order contracts awarded pursuant to FAR 16.5.

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.