<table>
<colgroup>
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<col style="width: 0%" />
<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="14" rowspan="2"><h1 id="solicitation-offer-and-award">
SOLICITATION, OFFER AND AWARD</h1></td>
<td colspan="13" rowspan="2"><ol type="1">
<li><p>This Contract is a Rated Order Under DPAS (15 CFR 350)</p></li>
</ol></td>
<td colspan="4">Rating</td>
<td colspan="4">Page</td>
<td>of pages</td>
</tr>
<tr class="even">
<td colspan="4">N/A</td>
<td colspan="4">1</td>
<td>55</td>
</tr>
<tr class="odd">
<td colspan="6">2. Contract No.</td>
<td colspan="13">3. Solicitation No.</td>
<td colspan="7">4. Solicitation Type</td>
<td colspan="2">5. Date Issued</td>
<td colspan="8">6. Requisition/Purchase No.</td>
</tr>
<tr class="even">
<td colspan="6" rowspan="2">     </td>
<td colspan="13" rowspan="2">DE-RP36-04GO24000</td>
<td>  </td>
<td colspan="6">Sealed Bid (IFB)</td>
<td colspan="2">July 8, 2004</td>
<td colspan="8">36-04GO24000.000</td>
</tr>
<tr class="odd">
<td>X</td>
<td colspan="6">Negotiated (RFP)</td>
<td colspan="2"></td>
<td colspan="8"></td>
</tr>
<tr class="even">
<td colspan="11">7. Issued By</td>
<td colspan="8">Code ___</td>
<td colspan="9">8. Address Offer To (If other than item 7)</td>
<td colspan="8">Code      </td>
</tr>
<tr class="odd">
<td colspan="19">U.S. DEPT OF ENERGY</td>
<td colspan="17">     </td>
</tr>
<tr class="even">
<td colspan="19">GOLDEN FIELD OFFICE</td>
<td colspan="17">     </td>
</tr>
<tr class="odd">
<td colspan="19">1617 COLE BOULEVARD</td>
<td colspan="17">     </td>
</tr>
<tr class="even">
<td colspan="19">GOLDEN, CO 80401-3393</td>
<td colspan="17">     </td>
</tr>
<tr class="odd">
<td colspan="36">NOTES: In sealed bid solicitations “offer” and
“offeror” mean “bid” and “bidder”. This acquisition is 100% Set-aside
for Small Business (See Section I, I.58). NAICS Code is 541330 (See
Section K.K.9).</td>
</tr>
<tr class="even">
<td colspan="36">9. Sealed offers in original and N/A copies for
furnishing the supplies or services in the Schedule will be received at
the place specified in Item 8, or if handcarried, in the depository
located in See Section L, L. 18 until 4:30 PM Eastern time August 9,
2004.</td>
</tr>
<tr class="odd">
<td colspan="36"><strong>CAUTION – LATE Submissions, Modifications, and
Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All
offers are subject to all terms and conditions contained in this
solicitation. Note: This acquisition is 100% Set-aside for Small
Business. NAICS Code is 541330 (See Section K, K.9).</strong></td>
</tr>
<tr class="even">
<td colspan="5" rowspan="2">10. For Information Call:</td>
<td colspan="19">A. Name</td>
<td colspan="12">B. Telephone No. (include area code) (NO COLLECT
CALLS)</td>
</tr>
<tr class="odd">
<td colspan="19">Jon Olsen, Contract Specialist</td>
<td colspan="12">(303) 275-4722</td>
</tr>
<tr class="even">
<td colspan="36">11. TABLE OF CONTENTS</td>
</tr>
<tr class="odd">
<td colspan="2">(x)</td>
<td>Sec</td>
<td colspan="12">Description</td>
<td colspan="4">Page(s)</td>
<td colspan="2">(x)</td>
<td>Sec</td>
<td colspan="12">Description</td>
<td colspan="2">Page(s)</td>
</tr>
<tr class="even">
<td colspan="19"><strong>Part I – The Schedule</strong></td>
<td colspan="17"><strong>Part II – Contract Clauses</strong></td>
</tr>
<tr class="odd">
<td colspan="2">X</td>
<td>A</td>
<td colspan="12">Solicitation/Contract Form</td>
<td colspan="4">1</td>
<td colspan="2">X</td>
<td>I</td>
<td colspan="12">Contract Clauses</td>
<td colspan="2">14</td>
</tr>
<tr class="even">
<td colspan="2">X</td>
<td>B</td>
<td colspan="12">Supplies or Services and Prices/Costs</td>
<td colspan="4">3</td>
<td colspan="17"><strong>Part III – List of Documents, Exhibits and
Other Attachments</strong></td>
</tr>
<tr class="odd">
<td colspan="2">X</td>
<td>C</td>
<td colspan="12">Description/Specs./Work Statement</td>
<td colspan="4">3</td>
<td colspan="2">X</td>
<td>J</td>
<td colspan="12">List of Attachments</td>
<td colspan="2">1</td>
</tr>
<tr class="even">
<td colspan="2">X</td>
<td>D</td>
<td colspan="12">Packaging and Marking</td>
<td colspan="4">1</td>
<td colspan="17"><strong>Part IV – Representations and
Instructions</strong></td>
</tr>
<tr class="odd">
<td colspan="2">X</td>
<td>E</td>
<td colspan="12">Inspection and Acceptance</td>
<td colspan="4">1</td>
<td colspan="2" rowspan="2">X</td>
<td rowspan="2">K</td>
<td colspan="12" rowspan="2">Representations, Certifications and Other
Statements of Offerors</td>
<td colspan="2" rowspan="2">8</td>
</tr>
<tr class="even">
<td colspan="2">X</td>
<td>F</td>
<td colspan="12">Deliveries or Performance</td>
<td colspan="4">2</td>
</tr>
<tr class="odd">
<td colspan="2">X</td>
<td>G</td>
<td colspan="12">Contract Administration Data</td>
<td colspan="4">2</td>
<td colspan="2">X</td>
<td>L</td>
<td colspan="12">Instr., Conds., and Notices to Offerors</td>
<td colspan="2">11</td>
</tr>
<tr class="even">
<td colspan="2">X</td>
<td>H</td>
<td colspan="12">Special Contract Requirements</td>
<td colspan="4">6</td>
<td colspan="2">X</td>
<td>M</td>
<td colspan="12">Evaluation Factors for Award</td>
<td colspan="2">2</td>
</tr>
<tr class="odd">
<td colspan="36"><h2 id="offer-must-be-fully-completed-by-offeror">OFFER
(Must be fully completed by offeror)</h2></td>
</tr>
<tr class="even">
<td colspan="36">NOTE: Item 12 does not apply if the solicitation
includes the provisions at 52.214-16, Minimum Bid Acceptance
Period.</td>
</tr>
<tr class="odd">
<td colspan="36">12. In compliance with the above, the undersigned
agrees, if this offer is accepted within <u>See K.14</u> calendar days
(60 calendar days unless a different period is inserted by the offeror)
from the data for receipt of offers specified above, to furnish any or
all items upon which prices are offered at the price set opposite each
item, delivered at the designated point(s), within the time specified in
the schedule.</td>
</tr>
<tr class="even">
<td colspan="11" rowspan="2"><p>13. Discount for Prompt Payment</p>
<p><em>(See Section I, Clause No. 52.232-8)</em></p></td>
<td colspan="7">10 Calendar Days</td>
<td colspan="8">20 Calendar Days</td>
<td colspan="4">30 Calendar Days</td>
<td colspan="6">_____ Calendar Days</td>
</tr>
<tr class="odd">
<td colspan="7">%</td>
<td colspan="8">%</td>
<td colspan="4">%</td>
<td colspan="6">%</td>
</tr>
<tr class="even">
<td colspan="11" rowspan="3"><p>14. Acknowledgment of Amendments</p>
<p><em>The offeror acknowledges receipt of amendments to the
SOLICITATION for offerors and related documents numbered and
dated.</em></p></td>
<td colspan="7">Amendment No.</td>
<td colspan="8">Date</td>
<td colspan="4">Amendment No.</td>
<td colspan="6">Date</td>
</tr>
<tr class="odd">
<td colspan="7"></td>
<td colspan="8"></td>
<td colspan="4"></td>
<td colspan="6"></td>
</tr>
<tr class="even">
<td colspan="7"></td>
<td colspan="8"></td>
<td colspan="4"></td>
<td colspan="6"></td>
</tr>
<tr class="odd">
<td colspan="4">15A. Name</td>
<td></td>
<td>Code</td>
<td colspan="7"></td>
<td colspan="3">Facility</td>
<td colspan="6"></td>
<td colspan="14">16. Name and Title of Person Authorized to Sign Offer
(Type or print)</td>
</tr>
<tr class="even">
<td colspan="4">and</td>
<td colspan="18" rowspan="4"></td>
<td colspan="14"></td>
</tr>
<tr class="odd">
<td colspan="4">Address</td>
<td colspan="14"></td>
</tr>
<tr class="even">
<td colspan="4">of</td>
<td colspan="14"></td>
</tr>
<tr class="odd">
<td colspan="4">Offeror</td>
<td colspan="14"></td>
</tr>
<tr class="even">
<td colspan="9">15B. Telephone No. (Include area code)</td>
<td></td>
<td colspan="13" rowspan="2">15C. Check if Remittance Address is
different from above. Enter such address in Schedule.</td>
<td colspan="9">17. Signature</td>
<td colspan="4">18. Offer Date</td>
</tr>
<tr class="odd">
<td colspan="9"></td>
<td></td>
<td colspan="9"></td>
<td colspan="4"></td>
</tr>
<tr class="even">
<td colspan="36"><h2 id="award-to-be-completed-by-government">AWARD (To
be completed by Government)</h2></td>
</tr>
<tr class="odd">
<td colspan="12">19. Accepted as to Items Numbered</td>
<td colspan="7">20. Amount</td>
<td colspan="17">21. Accounting and Appropriation</td>
</tr>
<tr class="even">
<td colspan="12"></td>
<td colspan="7"></td>
<td colspan="17">To be cited on individual task orders</td>
</tr>
<tr class="odd">
<td colspan="19">22. Authority for Using Other Than Full and Open
Competition:</td>
<td colspan="14">23. Submit Invoices to Address Shown in</td>
<td colspan="3" rowspan="2"><p>Item</p>
<p>G. 2</p></td>
</tr>
<tr class="even">
<td></td>
<td colspan="6">10 U.S.C. 2304 (c)( )</td>
<td></td>
<td colspan="11">41 U.S.C. 253 (c)( ) <strong>N/A</strong></td>
<td colspan="14">(4 copies unless otherwise specified)</td>
</tr>
<tr class="odd">
<td colspan="11">24. Administered By <em>(If other than Item
7)</em></td>
<td colspan="8">Code</td>
<td colspan="10">Payment Will be Made By</td>
<td colspan="7">Code</td>
</tr>
<tr class="even">
<td colspan="19"></td>
<td colspan="17"></td>
</tr>
<tr class="odd">
<td colspan="19"></td>
<td colspan="17"></td>
</tr>
<tr class="even">
<td colspan="19"></td>
<td colspan="17"></td>
</tr>
<tr class="odd">
<td colspan="19"></td>
<td colspan="17"></td>
</tr>
<tr class="even">
<td colspan="19">26. Name of Contracting Officer <em>(Type or
print)</em></td>
<td colspan="14">27. United States of America <em>(Signature of
Contracting Officer)</em></td>
<td colspan="3">28. Award Date</td>
</tr>
<tr class="odd">
<td colspan="19"></td>
<td colspan="14"></td>
<td colspan="3"></td>
</tr>
<tr class="even">
<td colspan="36">IMPORTANT – Award will be made on this form, or on
Standard Form 26, or by other authorized official written notice.</td>
</tr>
<tr class="odd">
<td colspan="17"><p>NSN 7540-01-152-8064</p>
<p>PREVIOUS EDITION NOT USABLE</p></td>
<td colspan="8">33-134</td>
<td colspan="11"><p>STANDARD FORM 33 (Rev. 4-85)</p>
<p>Prescribed by GSA – FAR (48 CFR) 52.214 (c)</p></td>
</tr>
</tbody>
</table>

**Table of Contents**

# **[PART I -- THE SCHEDULE]{.underline}**

## SECTION B -- SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. SCHEDULE OF SUPPLIES OR SERVICES BEING ACQUIRED

B.2. MINIMUM AND MAXIMUM QUANTITIES OF SERVICES

B.3. ADMINISTRATIVE COST CEILINGS FOR OTHER DIRECT COSTS

## SECTION C -- DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. SPECIFICATIONS/STATEMENT OF WORK

## SECTION D -- PACKAGING AND MARKING

D.1. PACKAGING

D.2. MARKING

## SECTION E -- INSPECTION AND ACCEPTANCE

E.1. 52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

E.2. INSPECTION AND ACCEPTANCE

## SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.247-34 F.O.B. DESTINATION (NOV 1991)

F.2. PERIOD OF PERFORMANCE

F.3. DELIVERABLES

## SECTION G -- CONTRACT ADMINISTRATION DATA

G.1. CONTRACT ADMINISTRATION FOR THE GOVERNMENT

G.2. INVOICING INSTRUCTIONS (DEC 2003)

G.3. DEFECTIVE OR IMPROPER INVOICES

## SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1. INCORPORATION OF REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFEROR (JUL 2001)

H.2. STANDARD INSURANCE REQUIREMENTS

H.3. OBSERVANCE OF NATIONAL HOLIDAYS (JUL 2001)

H.4. CONFIDENTIALITY OF INFORMATION (JUL 2001)

H.5. REPORTING OF FRAUD, WASTE, ABUSE, CORRUPTION, OR MISMANAGEMENT (JUL
2001)

H.6. MODIFICATION AUTHORITY

H.7. GOVERNMENT FURNISHED PROPERTY AND DATA

H.8. CONTRACTOR INTERFACE WITH OTHER CONTRACTORS AND/OR GOVERNMENT
EMPLOYEES

H.9. FAIR OPPORTUNITY

H.10. TASK ORDERS

H.11. PROCEDURES FOR ISSUING TASK ORDERS

H.12. TASK ORDERS, ADMINISTRATIVE INFORMATION

H.13. SECURITY REQUIREMENTS

**[PART II -- CONTRACT CLAUSES]{.underline}**

**SECTION I -- CONTRACT CLAUSES**

[A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES INCORPORATED BY
REFERENCE]{.underline}

> I.1 through I.51.

[B. CONTRACT CLAUSES INCORPORATED IN FULL TEXT]{.underline}

I.52. 52.202-1 DEFINITIONS (MAY 2001) (AS MODIFIED BY 952.202-1) (MAR
2002)

I.53. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

I.54. 52.216-18 ORDERING (OCT 1995)

I.55. 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.56. 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.57. 52.217-08 OPTION TO EXTEND SERVICES (NOV 1999)

I.58. 52.217-09 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.59 52.219-06 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)

I.60 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

I.61 52.232-25 PROMPT PAYMENT (OCT 2003)

I.62 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER -- CENTRAL
CONTRACTOR

REGISTRATION (OCT 2003)

I.63 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.64 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

[C. DEPARTMENT OF ENERGY ACQUISITION REGULATION CONTRACT
CLAUSES]{.underline}

I.65 952.208-70 PRINTING (APR 1984)

I.66 952.242-70 TECHNICAL DIRECTION (DEC 2000)

> **[PART III -- LIST OF DOCUMENTS, EXHIBITS AND OTHER
> ATTACHMENTS]{.underline}**

**SECTION J -- LIST OF ATTACHMENTS**

**[PART IV- REPRESENTATIONS AND INSTRUCTIONS]{.underline}**

**SECTION K -- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF
OFFERORS.**

[A. FEDERAL ACQUISITION REGULATION SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE]{.underline}

> K.1 through K.2.

[B. SOLICITATION PROVISIONS INCORPORATED IN FULL TEXT]{.underline}

K.3. 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

K.4. 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO
INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)

K.5. 52.204-3 TAXPAYER INDENTIFICATION (OCT 1998)

K.6. 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)

K.7. 952.209-8 ORGANIZATIONAL CONFLICTS OF INTEREST DISCLOSURE-ADVISORY
AND ASSISTANCE SERVICES (JUN 1997)

K.8. 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

K.9. 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)

K.10. 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

K.11. 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

K.12. 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG
2003)

K.13. 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED
COMPUTER SOFTWARE (MAY 1999)

K.14. OFFER ACCEPTANCE PERIOD

**SECTION L -- INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS**

[A. SOLICITATION PROVISIONS INCORPORATED BY REFERENCE]{.underline}

L.1 through L.6.

[B. SOLICITATION PROVISIONS INCORPORATED IN FULL TEXT]{.underline}

L.7. 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)

L.8. 52.215-1 INSTRUCTIONS TO OFFERORS---COMPETITIVE ACQUISITION (JAN
2004)

L.9. 52.216-1 TYPE OF CONTRACT (APR 1984)

L.10. 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

L.11. 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH
OFFER (MAY 1999)

L.12. 52.233-2 SERVICE OF PROTEST (AUG 1996)

L.13. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)

[C. DEPARTMENT OF ENERGY ACQUISITION REGULATION SOLICITATION
PROVISIONS]{.underline}

L.14. 952.219-70 DOE MENTOR-PROTÉGÉ PROGRAM (MAY 2000)

L.15. 952.233-2 SERVICE OF PROTEST (MAR 2002)

L.16. 952.233-4 NOTICE OF PROTEST FILE AVAILABILITY (SEP 1996)

L.17. 952.233-5 AGENCY PROTEST REVIEW (SEP 1996)

L.18. PROPOSAL PREPARATION INSTRUCTIONS -- GENERAL (GFO 09/03)

L.19. PROPOSAL PREPARATION INSTRUCTIONS -- VOLUME I, OFFER AND OTHER
DOCUMENTS (GFO 09/03)

L.20. TECHNICAL PROPOSAL PREPARATION INSTRUCTIONS -- VOLUME II (GFO
09/03)

L.21. COST PROPOSAL PREPARATION INSTRUCTIONS -- VOLUME III (GFO 09/03)

L.22. NUMBER OF AWARDS (GFO 09/03)

L.23. DISPOSITION OF PROPOSALS (GFO 09/03)

L.24. QUESTIONS CONCERNING THE SOLICITATION (GFO 09/03)

L.25. HANDLING OF PROPOSALS DURING EVALUATION

L.26. LEGISLATIVE AUTHORITY FOR ESPC CONTRACTS

**SECTION M -- EVALUATION FACTORS FOR AWARD**

M.1. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

M.2. OVERALL RELATIVE IMPORTANCE (GFO 09/03)

M.3. RELATIVE IMPORTANCE OF TECHNICAL EVALUATION CRITERIA (GFO 09/03)

M.4. PROPOSAL EVALUATION -- GENERAL (GFO 09/03)

M.5. OFFER AND OTHER DOCUMENTS EVALUATION (GFO 09/03)

M.6. COST EVALUATION (GFO 09/03)

**PART 1**

**SECTION B -- SUPPLIES OR SERVICES AND PRICES/COSTS**

**B.1. Schedule of Supplies or Services Being Acquired**

The contractor shall furnish all personnel, materials, supplies, and
services (except as may be expressly set forth in this contract as
furnished by the government), and otherwise do all things necessary for
performance of the requirements contained in the Statement of Work (SOW)
and pursuant to Task Orders issued by the Contracting Officer (CO).

[Fixed Rate Time & Materials Task Orders.]{.underline} Task Orders will
be issued against the SOW requiring the contractor to provide Direct
Productive Labor Hours (DPLH) from the labor categories set forth in
this contract toward the accomplishment of one or more specific task(s).
The following prices and their definitions are included in and
applicable to the Task Orders issued under this contract. Labor rates to
be utilized in computing Task Order costs for Fixed Rate Time &
Materials Task Orders shall be within the specific ceiling rate/hour
prices as shown below. Notwithstanding any other clause(s) of this
contract, the government shall not reimburse the contractor for any
labor costs in excess of the ceiling rates/hour. All labor costs in
excess of said amount(s) shall be borne by the contractor. The ceiling
rates/hour provided below and utilized in computing Task Order costs
[include]{.underline} all applicable indirect costs, profit/fee, plus
all applicable federal, state, and local taxes.

**[CLINS]{.underline}** **[ITEM DESCRIPTION]{.underline}** **[LABOR
RATE/HOUR]{.underline}**

1.  Base Period services. The base period shall commence on the

date of contract award and continue for 24 consecutive calendar

months. The contractor shall provide all services in accordance

with the terms and conditions of this contract and task orders as

issued. This contract is subject to the minimum and maximum

quantities of services specified in the schedule, paragraph B. 2.

a.  Labor Rates/per hour

> [Key Personnel]{.underline}:
>
> Project Facilitator / Engineer
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

b.  Other Direct Costs (ODC's). ODC's include any travel, per diem, To
    be specified on

> and other related costs & materials necessary to complete any tasks
> individual Task Orders.

0002 Option Year I Services. The option year shall commence on the

effective date of option exercise and continue for 12 consecutive

calendar months. The contractor shall provide all services in

accordance with the terms and conditions of this contract and

task orders as issued. This contract is subject to the minimum

and maximum quantities of services specified in the schedule,

paragraph B. 2.

a.  Labor Rates/per hour

> [Key Personnel]{.underline}:
>
> Project Facilitator / Engineer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

b.  Other Direct Costs (ODC's). ODC's include any travel, per diem, To
    be specified on

> and other related costs & materials necessary to complete any tasks
> individual Task Orders.

0003 Option Year II Services. The option year shall commence on the

effective date of option exercise and continue for 12 consecutive

calendar months. The contractor shall provide all services in

accordance with the terms and conditions of this contract and

task orders as issued. This contract is subject to the minimum

and maximum quantities of services specified in the schedule,

paragraph B. 2.

a.  Labor Rates/per hour

> [Key Personnel]{.underline}:
>
> Project Facilitator / Engineer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

a.  Other Direct Costs (ODC's). ODC's include any travel, per diem, To
    be specified on

> and other related costs & materials necessary to complete any tasks
> individual Task Orders.

0004 Option Year III Services. The option year shall commence on the

effective date of option exercise and continue for 12 consecutive

calendar months. The contractor shall provide all services in

accordance with the terms and conditions of this contract and

task orders as issued. This contract is subject to the minimum

and maximum quantities of services specified in the schedule,

paragraph B. 2.

a.  Labor Rates/per hour

> [Key Personnel]{.underline}:
>
> Project Facilitator / Engineer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

b.  Other Direct Costs (ODC's). ODC's include any travel, per diem, To
    be specified on other related costs & materials necessary to
    complete any tasks individual Task Orders.

**B.2. Minimum and Maximum Quantities of Services**

This contract is an Indefinite Delivery / Indefinite Quantity contract
with the minimum and maximum quantities required by the contract
established as dollar value limitations. The minimum quantity per
contract awarded as a result of this solicitation shall be \$30,000.00
for the entire term of the contract, inclusive of option years if
exercised. The cumulative maximum quantity for all contracts awarded
under this solicitation requirement shall be \$1,900,000.00 for the base
period, and \$950,000.00 for each option year exercised. Each task order
issued under this contract is subject to the terms and conditions of
this contract, and will be issued pursuant to the ordering clauses in
Section I.

**B.3. Administrative Cost Ceilings for Other Direct Costs**

Other direct costs incurred in the performance of Fixed Rate Time and
Materials Task Orders shall be reimbursed to the contractor at actual
reasonable costs in accordance with the cost principles of FAR Part 31
-- Contract Cost Principles and Procedures, and DEAR Part 931 --
Contract Cost Principles and Procedures. All travel shall be in
accordance with the Federal travel regulations.

**SECTION C -- DESCRIPTION/SPECS/WORK STATEMENT**

**C.1. SPECIFICATIONS /STATEMENT OF WORK - TECHNICAL SUPPORT (Project
Facilitation) SERVICES FOR IMPLEMENTATION OF ALTERNATIVELY FINANCED
ENERGY PROJECTS AT FEDERAL FACILITIES**

**C.1.1 Background**

The Energy Policy Act of 1992 and Executive Order 13123 directed the
Department of Energy\'s (DOE) Office of Federal Energy Management
Program (FEMP) to assist Federal agencies to leverage federal funds to
implement energy efficiency, renewable energy and water conservation
projects at federal facilities through use of private sector capital
sources. To facilitate the identification and implementation of these
projects, the FEMP Office provides technical expertise for alternatively
financed energy project implementation at Federal facilities. To support
the implementation of this directive, the DOE is developing training
programs and materials, energy project data collection and analysis, and
providing direct federal agency assistance to effectively participate in
innovative financing and contracting mechanisms such as Utility Energy
Service Contracts (UESC) and Super Energy Savings Performance
Contracting (ESPC). This last initiative supports FEMP use of regional
and technology specific "Super ESPC" and UESC contracts which are
procurement vehicles for use by all federal agencies to streamline and
accelerate alternatively financed project implementation. This effort is
to provide assistance to FEMP in FEMP's responsibilities to help Federal
energy managers sort through the many energy options available and make
the maximum use of their resources at minimal cost, in a wide variety of
energy and water efficiency projects.

**C.1.2 Definitions**

The terms **Alternatively Financed/Alternative Financing/Financing
Alternatives** used herein refers to the statutory authority of federal
agencies to enter into multi‑year contracts for energy services, where
the contractor incurs all up‑front costs of surveying facilities,
designing and installing energy efficiency retrofits or renewable energy
projects, financing the contractor capital investment, and operating and
maintaining contractor-installed equipment in federally owned buildings.
The Federal government does not incur capital costs of energy projects
but pays the contractor back out of annual utility cost reductions
achieved by contractor-installed equipment. There are two primary
alternatives for federal agency energy project private sector financing.
The first is called Energy Savings Performance Contracting which is
authorized by 42 U.S.C. 8287 allowing agencies a 25 year contracting
authority for privately financed energy projects. The second is Utility
Incentive Programs authorized by 42 U.S.C. 8256, where agencies can
enter into multi-year contracts with serving utility companies for
energy services. Alternative Financing is a term established by FEMP to
encompass these activities. Alternative financing does not refer in any
way to federal agency planning, programming, budgeting processes or
other internal fiscal management and accounting practices.

**C.1.3 Purpose**

The purpose of this contract is to procure technical expertise and
support to FEMP to facilitate FEMP's responsibility to assist federal
agencies' examination of ESPC and utility energy savings project
options, and, when applicable, support implementation of alternative
financing strategies for federal facilities' energy projects. This
facilitation role is extremely important in guiding the agency through a
project from start to finish and assisting in the development of a good
relationship between the agency, the ESCO, or the utility.

**C.1.4. Scope of Work**

The scope of work is to provide assistance to support FEMP with
technical assistance activities including project facilitation and
analyses to support Federal agency implementation of alternatively
financed energy and water conservation projects. Work to be performed
shall consist of specific tasks which will be defined by the FEMP on an
as‑needed basis. When the DOE's FEMP Office determines that there is a
need for technical support under the terms of this contract, the DOE
Contracting Officer's Representative (COR) located at the appropriate
DOE Regional Office will develop and provide the contractor a detailed
scope of services which will define the needed result or deliverable for
that particular assignment, and include the applicable project subtask
number and title. All correspondence, time, and expenses related to the
project will refer to the assigned name and subtask number. The COR will
forward the requirement to the Contracting Officer for the generation
and execution of the Task Order. The Contractor may begin work as soon
as the Task Order is signed by the Contracting Officer.

The following areas shall encompass all the typical categories of tasks
that may be undertaken:

Task Area 1. Analysis of Energy Savings and Economic Potential of Energy
and Water Conservation Projects

> Analysis of projects may include data collection, energy technology
> evaluation, energy load determination, economic analysis, recommended
> operations and maintenance procedures, and environmental improvements.

Task Area 2. Examine federal project funding and Alternative Financing
strategies and recommend Implementation Approach

> Funding alternatives may include examination of utility DSM options,
> impacts of utility restructuring, green power utilization, financing
> market analysis, or risk assessment of various implementation
> strategies.

Task Area 3. Collect and Develop Facility Energy Baseline Data

> Energy baseline development may include development of metrics or
> performance indices, review of industry protocols and risk analysis
> and cost of performance measurement strategies.

Task Area 4. Assist Agency Selection of Facility Project Retrofit
Strategies and Performance Requirements

> Retrofit strategies may include technology evaluation and status of
> new technology deployment and commercialization for future
> opportunities. Other activities may include economic analysis of
> retrofits.

Task Area 5. Assist Agency with Development of Alternative Financing
Procurement Documents

Task Area 6. Assist Agency During Procurement Process ‑ Technical Advice
for Responses to Industry Questions, Proposal Evaluations, Negotiations,
and Contractor Selection

> Agency assistance throughout procurement process may include various
> market assessments, engineering and economic analyses to support
> agency evaluation and negotiation process as well as reviewing and
> monitoring regulatory requirements and liability issues to facilitate
> appropriate risk sharing for project success.

Task Area 7. Engineering and Economic Analysis, Reviews or Inspections
During Project Design and Construction Phases

Task Area 8. Project Acceptance and Periodic Measurement and
Verification (M&V) of Energy Savings Assistance with Super ESPCs and
UESCs. Services may include a mid-year follow-up with the customer on
the project.

Task Area 9. Operations and Maintenance Strategies to Ensure Persistence
of Savings, where these strategies may include economic analysis.

Task Area 10. Program Outreach and Training Materials, Project
Development Guidelines For Transferability of Project Experience to
Other Sites

> Program Materials and Guidelines tasks may include development, review
> and analysis of training, marketing, or other customer outreach
> materials; development of project tools and guidelines to improve
> project transferability within and among agencies; participation in
> DOE sponsored training workshops, industry forums, and conferences
> related to facilitating federal agency participation in alternatively
> financed projects.

Task Area 11. Other FEMP service and program related activities.

> Other services related to the project facilitation services may
> include attendance at meetings, conferences, participation in M&V
> Summit, RO/PF Workshops as part of FEMP Services ESPC team, and other
> related working groups upon request by FEMP HQ.

**SECTION D -- PACKAGING AND MARKING**

**D.1. PACKAGING (JUL 2001)**

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

**D.2. MARKING (JUL 2001)**

Each package, report, or other deliverable product shall be accompanied
by a letter or other document which:

\(a\) Identifies the contract by number under which the item is being
delivered.

\(b\) Identifies the deliverable Item Number or Report Requirement which
requires the delivered item(s).

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

**SECTION E -- INSPECTION AND ACCEPTANCE**

**E.1. 52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)**

\(a\) *Definition.* \"Services,\" as used in this clause, includes
services performed, workmanship, and material furnished or utilized in
the performance of services.

\(b\) The Contractor shall provide and maintain an inspection system
acceptable to the Government covering the services under this contract.
Complete records of all inspection work performed by the Contractor
shall be maintained and made available to the Government during contract
performance and for as long afterwards as the contract requires.

\(c\) The Government has the right to inspect and test all services
called for by the contract, to the extent practicable at all times and
places during the term of the contract. The Government shall perform
inspections and tests in a manner that will not unduly delay the work.

\(d\) If the Government performs inspections or tests on the premises of
the Contractor or a subcontractor, the Contractor shall furnish, and
shall require subcontractors to furnish, at no increase in contract
price, all reasonable facilities and assistance for the safe and
convenient performance of these duties.

\(e\) If any of the services do not conform with contract requirements,
the Government may require the Contractor to perform the services again
in conformity with contract requirements, at no increase in contract
amount. When the defects in services cannot be corrected by performance,
the Government may-

\(1\) Require the Contractor to take necessary action to ensure that
future performance conforms to contract requirements; and

\(2\) Reduce the contract price to reflect the reduced value of the
services performed.

\(f\) If the Contractor fails to promptly perform the services again or
to take the necessary action to ensure future performance in conformity
with contract requirements, the Government may-

\(1\) By contract or otherwise, perform the services and charge to the
Contractor any cost incurred by the Government that is directly related
to the performance of such service; or

\(2\) Terminate the contract for default.

(End of clause)

**E.2. INSPECTION AND ACCEPTANCE**

a\. Inspection of all items under this contract shall be accomplished by
the DOE Contracting Officer's Representative (COR), or any other duly
authorized Government representative identified by separate letter.

b\. Acceptance of all items and or work effort under this contract
(including reporting requirements) shall be accomplished by the DOE
Contracting Officer's Representative (COR), or any other duly authorized
Government representative identified by separate letter.

c\. Additional inspection requirements may be identified and
incorporated on individual task orders when issued.

**SECTION F -- DELIVERIES OR PERFORMANCE**

**[FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES INCORPORATED BY
REFERENCE]{.underline}**

The following clause is incorporated by reference pursuant to contract
clause I.63, FAR 52.252-2 entitled "CLAUSES INCORPORATED BY REFERENCE
(FEB 1998)."

**F.1. 52.247-34** **F.O.B. DESTINATION (NOV 1991)**

**[OTHER CONTRACT CLAUSES INCORPORATED IN FULL TEXT]{.underline}**

**F.2. PERIOD OF PERFORMANCE**

The period of performance for the base year and each option period is as
follows:

> Base Period 24 calendar months from date of award.
>
> Option Year I 12 calendar months from date of option exercise.
>
> Option Year II 12 calendar months from date of option exercise.
>
> Option Year III 12 calendar months from date of option exercise.

**F.3 DELIVERABLES**

The two types of deliverables required under this contract are the
Biweekly Activity Report as described in F.3.1 and Specified
Deliverables as described in F.3.2. The deliverables requirements will
be specified by the COR in the Task Order Statement of Work. Unless
otherwise specified, deliverables should be distributed to the COR
electronically. A hard copy of the transmittal letter that accompanies
the deliverables should be submitted with each invoice to the
Contracting Officer / Contract Administrator.

##### **F.3.1 Biweekly Activity Reports**

The contractor shall submit an Activity Report to the appropriate COR on
a biweekly basis detailing the work performed during that period. The
biweekly report should include a technical summary of work performed, by
project. Activity Reports are required bi-weekly. The first set should
encompass time from the 1^st^ through the 15th of the month, and the
second set should encompass time from the 16th through the end of the
month.

An Activity Report shall reference the applicable Task Order number and
communicate to DOE FEMP an assessment of project status by individual
subtask number, explain variances and problems, report accomplishment of
performance milestones and/or program deliverables, and discuss any
other areas of concern or achievements. This report should be in letter
format by subtask number with emphasis placed on the status of each
deliverable along with a summary description of overall progress in each
active project. This report shall summarize all of the subtask
activities, performance milestones, and deliverables applicable to the
specific requirement or biweekly progress on the requirement.

**F.3.2 Specified Deliverables**

Typical deliverables that may be specified in the Task Order may
include, but will not be limited to the following:

Energy project feasibility analysis and project recommendations
including agency briefings; facility energy use and baseline data for
use in alternatively financed project development including facility
databases in formats specified by DOE FEMP, using commercially available
software specified by DOE FEMP to ensure compatibility with Federal
systems;

Analysis of project energy technology and retrofit strategies and
recommended performance parameters;

Procurement document technical sections for insertion in Federal agency
acquisition documents on word processing software as specified by DOE;

Analysis of M&V plans, Energy System Performance Data and energy
baseline adjustments;

Reports and summaries of project results in charts and graphs for
management presentations;

Project development tools, briefing materials, and guidelines for
transfer of procurement process to other sites; and

Analysis of Alternative Financing Program strategic plans and
recommendations.

The specific deliverable, schedule, and a distribution list will be
developed in conjunction with the scope of work for each Task Order.

**SECTION G -- CONTRACT ADMINISTRATION DATA**

**G.1 CONTRACT ADMINISTRATION FOR THE GOVERNMENT**

a.  ADMINISTRATION OF THE CONTRACTS: Administration of this contract
    shall be accomplished by the Golden Field Office of the Department
    of Energy, at the address on the award sheet. The following
    individuals at the Golden Field Office are responsible for that
    administration:

    1.  [Contracting Officer:]{.underline}

> Joyce L. Ziesler
>
> Address: 1617 Cole Blvd. Golden, CO 80401
>
> Telephone: (303) 275-4725, FAX: (303) 275-4754
>
> Email: <joyce.ziesler@go.doe.gov>

2.  [Contract Specialist:]{.underline}

> Jon F. Olsen
>
> Address: 1617 Cole Blvd., Golden, CO. 80401
>
> Telephone (303) 275-4722, FAX: (303) 275-4754
>
> Email: <jon.olsen@go.doe.gov>

3.  [Contracting Officer's Representative (COR):]{.underline}

> *To be identified on each Task Order*

b.  CORRESPONDENCE PROCEDURES: All correspondence, other than technical
    correspondence, shall be addressed to the Contracting Officer, with
    informational copies to other Government personnel as appropriate.

    1.  [Technical Correspondence.]{.underline} Technical correspondence
        (as used herein, excludes technical correspondence where patent
        or technical data issues are involved and correspondence which
        proposes or otherwise involves waivers, deviations, or
        modifications to the requirements, terms, or conditions, of this
        contract) shall be addressed to the DOE Contracting Officer's
        Representative (COR), or other duly authorized Government
        representative, with an information copy of the correspondence
        to the Contract Specialist. The point of contact for technical
        correspondence is:\
        \
        U. S. Department of Energy

*Specific technical contact information will be provided with individual
Task Orders.*

2.  [Other Correspondence.]{.underline} Other than technical
    correspondence shall be addressed to the Contract Specialist with
    information copies of the correspondence to the Contracting
    Officer\'s Representative and to the Patent Counsel (if patent or
    technical data issues are involved). The contractor shall use the
    Contract Specialist as the focal point of contact. The Contract
    Specialist\'s name, address, phone number, fax number, and email
    address is as follows:

> U. S. Department of Energy
>
> Golden Field Office
>
> Attn: Jon Olsen
>
> 1617 Cole Boulevard
>
> Golden, CO 80401
>
> Telephone: 303-275-4722, FAX: 303-275-4754
>
> E-Mail: <jon.olsen@go.doe.gov>

**G.2. INVOICING INSTRUCTIONS (DEC 2003)**

a\. The following instructions are provided for the use by the
contractor in the preparation and submission of invoices requesting
reimbursement for work performed. The submission of complete and correct
invoices will reduce correspondence and other causes for delay to a
minimum and will assure prompt payment to the contractor. All payments
under this contract will be made through the Automated Clearing House
(ACH) network. See contract clause I.61.

b\. The contractor shall submit the original invoice plus two copies.
The contractor shall also provide all support documentation for travel
and other direct costs incurred with each voucher. Distribution of the
invoices shall be as follows:

[Send Original Invoice to:]{.underline} [Send One Copy of Invoice
to:]{.underline} [Send One copy of Invoice to:]{.underline}

U.S. Department of Energy COR Identified on each Task Contracting
Officer in Golden

ATTN: DOE/NNSA Order. Field Office

P.O. BOX 18050

Albuquerque, NM 87185-8050

c\. Each invoice submitted shall include the following:

\(1\) Contract number;

> \(2\) Task Order Number;\
> (3) Contractor name;\
> (4) Date of invoice;\
> (5) Invoice number;\
> (6) Total amount of invoice
>
> \(7\) Period covered; and\
> (8) Cumulative amount invoiced to date.

**G.3. Defective or Improper Invoices**

Issues concerning defective or improper invoices shall be directed to:
*(Fill-in required by contractor)*

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Phone: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**SECTION H -- SPECIAL CONTRACT REQUIREMENTS**

**H.1. INCORPORATION OF REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFEROR (JUL 2001)**

The Representations, Certifications, and Other Statements of Offeror,
completed by the contractor, and dated ["To be completed at time of
award"]{.underline} are hereby incorporated by reference.

**H.2. STANDARD INSURANCE REQUIREMENTS (JUL 2001)**

In accordance with FAR clause 52.228-5, entitled \"Insurance -- Work on
a Government Installation,\" (JAN 1997) the following kinds and minimum
amounts of insurance are required during the performance of this
contract:

a\. Worker\'s Compensation and Employer\'s Liability Insurance:

\(1\) in an amount required by the applicable Federal and State
Workers\' Compensation and occupational disease statutes.

\(2\) employer\'s liability insurance in the amount of \$100,000.

b\. General Liability Insurance. Bodily injury liability coverage
written on the comprehensive form of policy of at least \$500,000 per
occurrence.

c\. Automobile Liability Insurance. Coverage shall be provided on a
comprehensive basis. It shall provide for bodily injury and property
damage liability covering the operation of all automobiles used in
connection with performance of this contract. Policies covering
automobiles operated in the United States shall provide coverage of at
least \$200,000 per person and \$500,000 per occurrence for bodily
injury and \$20,000 per occurrence for property damage.

d\. The amount of liability coverage on other policies shall be
commensurate with any legal requirements of the state and locality, plus
sufficient to meet normal and customary claims.

**H.3. OBSERVANCE OF NATIONAL HOLIDAYS**

a\. The Contractor shall observe holidays in accordance with the site's
requirement and shall comply with any related site security during the
holiday period. Additionally, the Government will observe any other day
designated by Federal statute, Executive Order, or Presidential
proclamation.

b\. The Contractor personnel shall comply with their own company\'s
personnel policy and procedures regarding the administration of
holidays. The costs associated with the observance of such holidays
shall be consistent with established company cost accounting standards
and practices; other terms and conditions of the contract; and those
limitations set forth in Federal Acquisition Regulation Part 31.

**H.4. CONFIDENTIALITY OF INFORMATION (JUL 2001)**

a\. To the extent that the work under this contract requires that the
Contractor be given access to or be furnished with confidential or
proprietary business, technical, or financial information or data
belonging to other entities which is clearly marked as confidential or
proprietary, the Contractor shall, after receipt thereof, treat such
information in confidence and agrees not to appropriate such information
to its own use or to disclose such information to third parties unless
specifically authorized in writing by the Contracting Officer. The
foregoing obligations, however, shall not apply to:

\(1\) Information or data which is in the public domain at the time of
receipt by the Contractor;

\(2\) Information or data which is published or otherwise subsequently
becomes part of the public domain through no fault of the Contractor;

\(3\) Information or data which the Contractor can demonstrate was
already in its possession at the time of receipt thereof; or

\(4\) Information or data which the Contractor can demonstrate was
received by it from a third party who did not require the Contractor to
treat it in confidence.

b\. The Contractor agrees (1) to enter into an agreement, identical in
all material respects to the requirements of paragraph (a) above, with
each entity supplying such confidential or proprietary information or
data to the Contractor under this contract and (2) to supply a copy of
such agreement to the Contracting Officer. Upon request of the
Contracting Officer, the Contractor shall furnish the Government with
reports which specify any information or data received as confidential
or proprietary and which identify the entity or entities who supplied
the Contractor with such information or data.

c\. The Contractor shall obtain the written agreement of each employee
permitted access to or furnished with confidential or proprietary
business, technical, or financial information or data, whereby the
employee agrees that such information or data which the Contractor is
obligated to treat in confidence will not be discussed, divulged or
disclosed except to those persons within the Contractor\'s organization
directly concerned with the performance of this contract or to
Government representatives. Notwithstanding the foregoing
Contractor-employee agreement, upon request of the Contracting Officer,
the Contractor agrees to obtain from each employee a confidentiality
agreement acceptable to the Contracting Officer.

d\. This clause shall be included in any subcontract under which there
is a requirement or there becomes a requirement that the subcontractor
be given access to or be furnished with confidential or proprietary
business, technical, or financial information or data.

**H.5. REPORTING OF FRAUD, WASTE, ABUSE, CORRUPTION, OR MISMANAGEMENT
(JUL 2001)**

The contractor is required to comply with the following in accordance
with DOE O 221.1:

a\. Notify their 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 appropriate authorities.
The notification shall include the provision that employees should, when
appropriate, report directly to the OIG any information concerning
alleged wrongdoing by DOE employees, its contractors, subcontractors,
grantees or other recipients of DOE financial assistance; or their
employees.

b\. Display the OIG hotline telephone number in common areas of
buildings, 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 in the contractor\'s cognizance.

d\. Report to the OIG any allegations of reprisals taken against
employees who have reported fraud, waste, abuse, misuse, corruption,
criminal acts, or mismanagement relating to DOE programs, operations,
facilities, contracts, or information technology systems.

e\. Report to the OIG within a reasonable period of time, but not later
than 24 hours, all alleged violations of law, regulations, or policy,
including incidents of fraud, waste, abuse, misuse, corruption, criminal
acts, or mismanagement which have been referred to Federal, State, or
local enforcement entities.

**H.6. MODIFICATION AUTHORITY**

Notwithstanding any of the other clauses of this contract, the
Contracting Officer shall be the only individual, on behalf of the
Government, authorized to:

a\. Accept nonconforming work,

b\. Waive any requirement of this contract, or

c\. Modify any term or condition of this contract.

d\. The contractor shall bear all costs for any work performed outside
the terms and conditions of the contract not authorized either in
writing or verbally by the Contracting Officer.

**H.7. GOVERNMENT FURNISHED PROPERTY AND DATA**

a\. Except as otherwise authorized by the Contracting Officer in
writing, only that property and data specifically included in the List
of Government Furnished Property which follows shall be furnished: There
is no Government Furnished Property List.

b\. Except as otherwise authorized by the Contracting Officer in
writing, the Contractor is not authorized to acquire as a direct charge
item under this contract any equipment, including office equipment,
furniture, fixtures, or other personal property items.

c\. Any request for authorization for acquisition of items shall include
an analysis of the most economical method of acquisition.

d\. Any Government Furnished Property necessary for the completion of
task orders issued pursuant to this contract will be identified on
individual task orders when issued and determined appropriate.

**H.8. CONTRACTOR INTERFACE WITH OTHER CONTRACTORS AND / OR GOVERNMENT
EMPLOYEES**

The Government may undertake or award contracts for work or services.
The Contractor shall cooperate fully with all other on‑site DOE
Contractors, and with Government employees, and carefully fit its own
work to such other work as may be directed by the Contracting Officer or
his duly authorized representative. The Contractor shall not commit or
permit any act which will interfere with the performance of work by any
other Contractor or by a Government employee.

**H.9. FAIR OPPORTUNITY**

Any concerns receiving a prime contract award under this solicitation
shall be afforded a fair opportunity to be considered for proposed task
orders in accordance with clause H. 11.

**H.10. TASK ORDERS**

a\. The Contractor shall provide services under this contract only in
performance of Task Orders and revisions to task orders signed by the
Contracting Officer and provided to the Contractor. Costs not attributed
to the performance of a specific task order will not be allowed without
the prior written consent of the Contracting Officer. The Contractor
shall commence performance upon the receipt of a task order signed by
the Contracting Officer. The DOE will not reimburse the Contractor for
the costs of preparing task proposals as a direct cost under this
contract.

b\. Requesting Task Proposals.

(1) When requesting task proposals from the contractor(s) in accordance
    with the clause H.11 entitled \"Procedures for Issuing Task
    Orders,\" the Contracting Officer will inform the contractor(s) of

> \(i\) the task to be performed;
>
> \(ii\) the schedule of performance;
>
> \(iii\) any required travel; deliverables and required delivery dates

The Contractor(s) shall provide any task proposal(s) within 5 working
days of receipt of the request, unless otherwise specified by the
Contracting Officer.

c\. Task Proposal Information.

> The Contractor\'s task proposal shall consist of the following
> information:

i.  estimated Labor Hours necessary to complete the task;

ii. travel and material estimate;

iii. an estimate of other direct costs,

iv. the total firm fixed price for completion of the task order; and any
    necessary revision to the schedule of performance

v.  if a conflict of interest is introduced by the proposed task, make
    immediate and full disclosure to the Contracting Officer, in
    addition to the requirements in clause I-13.

**H.11 PROCEDURES FOR ISSUING TASK ORDERS**

The Contracting Officer may issue task orders (reference sample Task
Order format, Section J, Attachment 1) to one or more contractors
pursuant to either paragraph (a) or (b) below.

a\. The Contracting Officer may issue a task to any one of the
contractors if determined that:

(1) The task is valued at \$2,500 or less;

\(2\) Following any of the procedures of paragraph (b) would result in
unacceptable delays

in fulfilling the requirement which is the subject of the task order;

\(3\) The task requires services that are unique or highly specialized
and that only one

contractor can provide the services at the level of quality required;

\(4\) The task is a logical follow-on to a task order previously issued
to a contractor

pursuant to paragraph (b) below; or

\(5\) It is necessary to issue the task order to a contractor to fulfill
a minimum guarantee.

b\. The Contractor agrees that issuance of a task order in accordance
with any of these procedures 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.

\(1\) Issuance of Task Orders Based Entirely or Substantially on Price.

For Fixed-Price Task Orders:

> \(i\) When the issuance of a task order is to be based entirely on
> price, the Contracting Officer will provide each contractor the
> information stated in Clause H.10 of this contract relating to the
> prospective task, specifying that the award will be based entirely or
> substantially on price. The Contractor will provide a proposal on a
> firm fixed price basis, composed of direct labor costs, labor
> categories and the direct productive labor hours for each category,
> and other direct costs. The composite rates cannot exceed the ceiling
> rates specified in B.1 of this contract.
>
> \(ii\) The Contracting Officer may choose to base award substantially
> on price. In that case the Contracting Officer will issue a request
> for task proposals which specifies any additional selection factors,
> and their relative importance, to be used in selecting the recipient
> of the task.
>
> \(2\) Issuance of Task Orders Based Entirely or Substantially on
> Performance of Previous Task Orders.
>
> \(i\) In issuing tasks based entirely on performance of previous
> tasks, the Contracting Officer, along with their Contracting Officer
> Representative, will evaluate records of the contractors\' technical
> performance and cost control on previous tasks issued under all
> contracts for the work specified in the Statement of Work of this
> contract, taking into account performance under tasks most comparable
> to the prospective task. In order to issue tasks on this basis where
> all contractors have not performed tasks under this and the companion
> contracts, the Contracting Officer may consider the quality of the
> contractors\' technical proposals under the solicitation leading to
> the award of this contract, taking into account the portion of the
> proposal most comparable to the prospective task. After such an
> evaluation, the Contracting Officer will make award to the contractor
> he or she believes most likely to perform the task at the highest
> quality and representing the best value.
>
> \(ii\) The Contracting Officer may choose to base issuance of a task
> substantially on performance of previous tasks. In that case, the
> Contracting Officer will issue a request for task proposals which
> specifies any additional selection factors, and their relative
> importance, to be used in selecting the recipient of the task.

\(3\) Issuance of Task Orders Based upon Other Criteria.

> In issuing tasks under this procedure, the Contracting Officer may
> base the award on any other factors which he or she deems appropriate
> in the exercise of sound business judgment. Such factors may include,
> but are not limited to, selection based upon highest technical rating
> of proposals for performance of a prospective task, or determination
> by the Contracting Officer that there is need for greater balance in
> workload between this and the other contracts which were awarded for
> the work described in this contract. When requesting task proposals
> from the contractors, the evaluation factor or factors to be used in
> selecting the recipient of the task, and their relative importance,
> will be specified in the request for a task proposal by the
> Contracting Officer.

\(4\) Task and Delivery Order Ombudsman.

> The head of the agency has designated a task-order contract and
> delivery-order contract ombudsman pursuant to FAR 16.5. The ombudsman
> reviews complaints from contractors and ensures they are afforded a
> fair opportunity to be considered, consistent with the procedures in
> the contract. The ombudsman is a senior agency official who is
> independent of the contracting officer. Issues which cannot be
> resolved by the Contracting Officer may be referred to the DOE Task
> and Delivery Order Ombudsman.

**H.12 TASK ORDERS, ADMINISTRATIVE INFORMATION**

a\. Ordering officials as anticipated in FAR 52.216-18, Ordering are:
(1) The Contracting Officer and the Contract Specialist as defined in
clause G.1 CONTRACT ADMINISTRATION FOR THE GOVERNMENT.

b\. The Contracting Officer is responsible for all Task Order activities
including requesting Task Proposals/Task Plans, evaluating for award,
awarding, funding, all administrative activities and evaluating
contractor performance for all Task Orders issued. Task Order numbers
will include two alpha characters for the ordering office and two
numeric characters for the task sequence (such as AL01). All Task Orders
will include a reference to the basic contract.

c\. The DOE Contracting Officer will provide a copy of issued Task
Orders and Task Order modifications to the Contracting Officer
Representative, the Task Order contractor and the requesting agency
Contracting Officer.

**H.13 SECURITY REQUIREMENTS**

a\. Passes and Badges:  All contractor employees shall obtain employee
and vehicle passes and badges as required by the agency for the specific
delivery order project site. The Government will issue badges it
requires without charge.  When an employee leaves the contractor\'s
service, the employee\'s pass and badge shall be returned within ten
(10) days.

 

b\. Contractor Vehicles:   Each contractor vehicle shall comply with
Federal requirements mandated by the specific delivery order project
site. The Government may issue vehicle passes as it determines, and
these shall be displayed so as to be clearly visible at all times.

 

c\. Contractor Access to Buildings: It shall be the contractor\'s
responsibility, through the Agency Contracting Officer or the Agency
COR\'s designated representative, to obtain access to buildings on the
delivery order project site.

 

d.  Contractor Access to secure areas: Certain areas of a project site
may require that the contractor and its employees have an escort, and/or
place limits on the days and times that the contractor and its employees
may work in these areas.  Specific delivery orders will identify any
such secure areas and the requirements for contractor access to them.
The contractor is responsible for complying with all security
regulations, policies, guidance, etc. to ensure that security on the
Federal site is not compromised.

 

 

**PART II**

**SECTION I -- CONTRACT CLAUSES**

**[A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES INCORPORATED BY
REFERENCE.]{.underline}**

The following clauses are incorporated by reference pursuant to contract
clause I.63, FAR 52.252-2 entitled "CLAUSES INCORPORATED BY REFERENCE
(FEB 1998)."

I.1. 52.203-03 GRATUITIES (APR 1984)

I.2. 52.203-05 COVENANT AGAINST CONTINGENT FEES (APR 1984)

I.3. 52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
(JUL 1995)

I.4. 52.203-07 ANTI-KICKBACK PROCEDURES (JUL 1995)

I.5. 52.203-08 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

I.6. 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
(JAN 1997)

I.7. 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (JUN 2003)

I.8. 52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG
2000)

I.9. 52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING
WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL
1995)

I.10. 52.215-02 AUDIT AND RECORDS \-- NEGOTIATION (JUN 1999)

I.11. 52.215-08 ORDER OF PRECEDENCE\--UNIFORM CONTRACT FORMAT (OCT 1997)

I.12. 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT
1997)

I.13. 52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)

I.14. 52.215-14 INTEGRITY OF UNIT PRICES (OCT 1997)

I.15. 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (JAN 2004)

I.16. 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POST RETIREMENT
BENEFITS (PRB) OTHER THAN PENSIONS (OCT 1997)

I.17. 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.18. 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION
OTHER THAN COST OR PRICING DATA -- MODIFICATIONS (OCT 1997)

I.19. 52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

I.20. 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

I.21. 52.222-03 CONVICT LABOR (JUN 2003)

I.22. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

I.23. 52.222-26 EQUAL OPPORTUNITY (APR 2002)

I.24. 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)

I.25. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN
1998)

I.26. 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)

I.27. 52.223-05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG
2003)

I.28. 52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

I.29. 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

I.30. 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (DEC 2003)

I.31. 52.226-01 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED
ECONOMIC ENTERPRISES (JUN 2000)

I.32. 52.227-01 AUTHORIZATION AND CONSENT (JUL 1995)

I.33. 52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (AUG 1996)

I.34. 52.227-14 RIGHTS IN DATA - GENERAL (JUN 1987)

I.35. 52.228-05 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN
1997)

I.36. 52.229-03 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

I.37. 52.232-17 INTEREST (JUN 1996)

I.38. 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

I.39. 52.233-01 DISPUTES (JUL 2002)

I.40. 52.233-03 PROTEST AFTER AWARD (AUG 1996) (**If Required by FAR
33.103(b))**

I.41. 52.237-02 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND
VEGETATION (APR 1984)

I.42. 52.242-03 PENALTIES FOR UNALLOWABLE COSTS (MAY 2001)

I.43. 52.242-13 BANKRUPTCY (JUL 1995)

I.44. 52.243-01 CHANGES -- FIXED PRICE (AUG 1987) - ALTERNATE I (APR
1984)

I.45. 52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAY 2004)

I.46. 52.246-25 LIMITATION OF LIABILITY-SERVICES (FEB 1997)

I.47. 52.248-01 VALUE ENGINEERING (FEB 2000)

I.48. 52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED
PRICE) (MAY 2004)

I.49. 52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

I.50. 52.251-01 GOVERNMENT SUPPLY SOURCES (APR 1984)

I.51. 52.253-01 COMPUTER GENERATED FORMS (JAN 1991)

**[B. CONTRACT CLAUSES INCORPORATED IN FULL TEXT.]{.underline}**

**I.52. DEAR 952.202-1 DEFINITIONS (MAR 2002)**

\(a\) \"Head of Agency\" means the Secretary, Deputy Secretary or Under
Secretary of the Department of Energy and the Chairman, Federal Energy
Regulatory Commission.

\(b\) \"Commercial component\" means any component that is a commercial
item.

\(c\) \"Commercial item\" means\--

\(1\) Any item other than real property, that is of a type customarily
used for nongovernmental purposes and that\--

> \(i\) Has been sold, leased, or licensed to the general public; or
>
> \(ii\) Has been offered for sale, lease, or license to the general
> public;

\(2\) Any item that evolved from an item described in paragraph (c)(1)
of this clause through advances in technology or performance and that is
not yet available in the commercial marketplace, but will be available
in the commercial marketplace in time to satisfy the delivery
requirements under a Government solicitation;

\(3\) Any item that would satisfy a criterion expressed in paragraphs
(c)(1) or (c)(2) of this clause, but for\--

> \(i\) Modifications of a type customarily available in the commercial
> marketplace; or
>
> \(ii\) Minor modifications of a type not customarily available in the
> commercial marketplace made to meet Federal Government requirements.
> \"Minor\" modifications means modifications that do not significantly
> alter the nongovernmental function or essential physical
> characteristics of an item or component, or change the purpose of a
> process. Factors to be considered in determining whether a
> modification is minor include the value and size of the modification
> and the comparative value and size of the final product. Dollar values
> and percentages may be used as guideposts, but are not conclusive
> evidence that a modification is minor;

\(4\) Any combination of items meeting the requirements of paragraphs
(c)(1), (2), (3), or (5) of this clause that are a type customarily
combined and sold in combination to the general public;

\(5\) Installation services, maintenance services, repair services,
training services, and other services if such services are procured for
support of an item referred to in paragraphs (c)(1), (2), (3), or (4) of
this clause, and if the source of such services\--

> \(i\) Offers such services to the general public and the Federal
> Government contemporaneously and under similar terms and conditions;
> and
>
> \(ii\) Offers to use the same work force for providing the Federal
> Government with such services as the source uses for providing such
> services to the general public;

\(6\) Services of a type offered and sold competitively in substantial
quantities in the commercial marketplace based on established catalog or
market prices for specific tasks performed under standard commercial
terms and conditions. This does not include services that are sold based
on hourly rates without an established catalog or market price for a
specific service performed;

\(7\) Any item, combination of items, or service referred to in
subparagraph (c)(1) through (c)(6), notwithstanding the fact that the
item, combination of items, or service is transferred between or among
separate divisions, subsidiaries, or affiliates of a Contractor; or

\(8\) A nondevelopmental item, if the procuring agency determines the
item was developed exclusively at private expense and sold in
substantial quantities, on a competitive basis, to multiple State and
local Governments.

\(d\) \"Component\" means any item supplied to the Government as part of
an end item or of another component, except that for use in 52.225-9,
and 52.225-11 see the definitions in 52.225-9(a) and 52.225-11(a).

\(e\) \"Contracting Officer\" means a person with the authority to enter
into, administer, and/or terminate contracts and make related
determinations and findings. The term includes certain authorized
representatives of the Contracting Officer acting within the limits of
their authority as delegated by the Contracting Officer.

\(f\) \"Nondevelopmental item\" means\--

\(1\) Any previously developed item of supply used exclusively for
governmental purposes by a Federal agency, a State or local government,
or a foreign government with which the United States has a mutual
defense cooperation agreement;

\(2\) Any item described in paragraph (f)(1) of this definition that
requires only minor modification or modifications of a type customarily
available in the commercial marketplace in order to meet the
requirements of the procuring department or agency; or

\(3\) Any item of supply being produced that does not meet the
requirements of paragraph (f)(1) or (f)(2) solely because the item is
not yet in use.

\(g\) Except as otherwise provided in this contract, the term
\"subcontracts\" includes, but is not limited to, purchase orders and
changes and modifications to purchase orders under this contract.

\(h\) The term \"DOE\" means the Department of Energy and \"FERC\" means
the Federal Energy Regulatory Commission.

\(i\) The term Senior Procurement Executive means, for DOE:\
Department of Energy -- Director, Office of Procurement and Assistance
Management, DOE;\
National Nuclear Security Administration -- Administrator for Nuclear
Security, NNSA; and\
Federal Energy Regulatory Commission -- Chairman, FERC.

**I.53. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003)**

\(a\) Definitions. As used in this clause-

\"Central Contractor Registration (CCR) database\" means the primary
Government repository for Contractor information required for the
conduct of business with the Government.

\"Data Universal Numbering System (DUNS) number\" means the 9-digit
number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique
business entities.

\"Data Universal Numbering System +4 (DUNS+4) number\" means the DUNS
number assigned by D&B plus a 4-character suffix that may be assigned by
a business concern. (D&B has no affiliation with this 4-character
suffix.) This 4-character suffix may be assigned at the discretion of
the business concern to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see the FAR at
Subpart 32.11) for the same parent concern.

\"Registered in the CCR database\" means that-

\(1\) The Contractor has entered all mandatory information, including
the DUNS number or the DUNS+4 number, into the CCR database; and

\(2\) The Government has validated all mandatory data fields and has
marked the record \"Active\".

(b)(1) By submission of an offer, the offeror acknowledges the
requirement that a prospective awardee shall be registered in the CCR
database prior to award, during performance, and through final payment
of any contract, basic agreement, basic ordering agreement, or blanket
purchasing agreement resulting from this solicitation.

\(2\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation \"DUNS\" or \"DUNS +4\"
followed by the DUNS or DUNS +4 number that identifies the offeror\'s
name and address exactly as stated in the offer. The DUNS number will be
used by the Contracting Officer to verify that the offeror is registered
in the CCR database.

\(c\) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.

\(1\) An offeror may obtain a DUNS number-

> \(i\) If located within the United States, by calling Dun and
> Bradstreet at 1-866-705-5711 or via the Internet at
> *http://www.dnb.com*; or
>
> \(ii\) If located outside the United States, by contacting the local
> Dun and Bradstreet office.

\(2\) The offeror should be prepared to provide the following
information:

> \(i\) Company legal business.
>
> \(ii\) Trade style, doing business, or other name by which your entity
> is commonly recognized.
>
> \(iii\) Company Physical Street Address, City, State, and Zip Code.
>
> \(iv\) Company Mailing Address, City, State and Zip Code (if separate
> from physical).
>
> \(v\) Company Telephone Number.
>
> \(vi\) Date the company was started.
>
> \(vii\) Number of employees at your location.
>
> \(viii\) Chief executive officer/key manager.
>
> \(ix\) Line of business (industry).
>
> \(x\) Company Headquarters name and address (reporting relationship
> within your entity).

\(d\) If the Offeror does not become registered in the CCR database in
the time prescribed by the Contracting Officer, the Contracting Officer
will proceed to award to the next otherwise successful registered
Offeror.

\(e\) Processing time, which normally takes 48 hours, should be taken
into consideration when registering. Offerors who are not registered
should consider applying for registration immediately upon receipt of
this solicitation.

\(f\) The Contractor is responsible for the accuracy and completeness of
the data within the CCR database, and for any liability resulting from
the Government\'s reliance on inaccurate or incomplete data. To remain
registered in the CCR database after the initial registration, the
Contractor is required to review and update on an annual basis from the
date of initial registration or subsequent updates its information in
the CCR database to ensure it is current, accurate and complete.
Updating information in the CCR does not alter the terms and conditions
of this contract and is not a substitute for a properly executed
contractual document.

\(g\) (1) (i) If a Contractor has legally changed its business name,
\"doing business as\" name, or division name (whichever is shown on the
contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in Subpart 42.12, the Contractor
shall provide the responsible Contracting Officer a minimum of one
business day\'s written notification of its intention to (A) change the
name in the CCR database; (B) comply with the requirements of Subpart
42.12 of the FAR; and (C) agree in writing to the timeline and
procedures specified by the responsible Contracting Officer. The
Contractor must provide with the notification sufficient documentation
to support the legally changed name.

> \(ii\) If the Contractor fails to comply with the requirements of
> paragraph (g)(1)(i) of this clause, or fails to perform the agreement
> at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a
> properly executed novation or change-of-name agreement, the CCR
> information that shows the Contractor to be other than the Contractor
> indicated in the contract will be considered to be incorrect
> information within the meaning of the \"Suspension of Payment\"
> paragraph of the electronic funds transfer (EFT) clause of this
> contract.
>
> \(2\) The Contractor shall not change the name or address for EFT
> payments or manual payments, as appropriate, in the CCR record to
> reflect an assignee for the purpose of assignment of claims (see FAR
> Subpart 32.8, Assignment of Claims). Assignees shall be separately
> registered in the CCR database. Information provided to the
> Contractor\'s CCR record that indicates payments, including those made
> by EFT, to an ultimate recipient other than that Contractor will be
> considered to be incorrect information within the meaning of the
> \"Suspension of payment\" paragraph of the EFT clause of this
> contract.

\(h\) Offerors and Contractors may obtain information on registration
and annual confirmation requirements via the internet at
*http://www.ccr.gov* or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

**I.54. 52.216-18 ORDERING (OCT 1995)**

(a) Any supplies and services to be furnished under this contract shall
be ordered by issuance of delivery orders or task orders by the
individuals or activities designated in the Schedule. Such orders may be
issued from \_\_\_\_TBD\_\_\_\_\_\_ through \_\_\_\_TBD\_\_\_\_\_\_\_\_
\[*insert dates*\].

\(b\) All delivery orders or task orders are subject to the terms and
conditions of this contract. In the event of conflict between a delivery
order or task order and this contract, the contract shall control.

\(c\) If mailed, a delivery order or task order is considered \"issued\"
when the Government deposits the order in the mail. Orders may be issued
orally, by facsimile, or by electronic commerce methods only if
authorized in the Schedule.

(End of clause)

**I.55. 52.216-19 ORDER LIMITATIONS (OCT 1995)**

(a) *Minimum order*. When the Government requires supplies or services
covered by this contract in an amount of less than \$30,000.00, the
Government is not obligated to purchase, nor is the Contractor obligated
to furnish, those supplies or services under the contract.

\(b\) *Maximum order*. The Contractor is not obligated to honor-

\(1\) Any order for a single item in excess of \$1,900,000.00;

\(2\) Any order for a combination of items in excess of \$1,900,000.00;
or

\(3\) A series of orders from the same ordering office within 30 days
that together call for quantities exceeding the limitation in paragraph
(b)(1) or (2) of this section.

\(c\) If this is a requirements contract (*i.e*., includes the
Requirements clause at subsection 52.216-21 of the Federal Acquisition
Regulation (FAR)), the Government is not required to order a part of any
one requirement from the Contractor if that requirement exceeds the
maximum-order limitations in paragraph (b) of this section.

\(d\) Notwithstanding paragraphs (b) and (c) of this section, the
Contractor shall honor any order exceeding the maximum order limitations
in paragraph (b), unless that order (or orders) is returned to the
ordering office within 15 days after issuance, with written notice
stating the Contractor\'s intent not to ship the item (or items) called
for and the reasons. Upon receiving this notice, the Government may
acquire the supplies or services from another source.

(End of clause)

**I.56. 52.216-22 INDEFINITE QUANTITY (OCT 1995)**

\(a\) This is an indefinite-quantity contract for the supplies or
services specified, and effective for the period stated, in the
Schedule. The quantities of supplies and services specified in the
Schedule are estimates only and are not purchased by this contract.

\(b\) Delivery or performance shall be made only as authorized by orders
issued in accordance with the Ordering clause. The Contractor shall
furnish to the Government, when and if ordered, the supplies or services
specified in the Schedule up to and including the quantity designated in
the Schedule as the \"maximum.\" The Government shall order at least the
quantity of supplies or services designated in the Schedule as the
\"minimum.\"

\(c\) Except for any limitations on quantities in the Order Limitations
clause or in the Schedule, there is no limit on the number of orders
that may be issued. The Government may issue orders requiring delivery
to multiple destinations or performance at multiple locations.

\(d\) Any order issued during the effective period of this contract and
not completed within that period shall be completed by the Contractor
within the time specified in the order. The contract shall govern the
Contractor\'s and Government\'s rights and obligations with respect to
that order to the same extent as if the order were completed during the
contract\'s effective period; *provided*, that the Contractor shall not
be required to make any deliveries under this contract after
\_\_\_\_\_\_\_TBD\_\_\_\_\_\_\_\_ \[*insert date*\].

(End of clause)

**I. 57. 52.217-08 OPTION TO EXTEND SERVICES (NOV 1999)**

The Government may require continued performance of any services within
the limits and at the rates specified in the contract. These rates may
be adjusted only as a result of revisions to prevailing labor rates
provided by the Secretary of Labor. The option provision may be
exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may
exercise the option by written notice to the Contractor within 30 days

(End of clause)

**I.58. 52.217-09 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)**

\(a\) The Government may extend the term of this contract by written
notice to the Contractor within the term of the contract; provided that
the Government gives the Contractor a preliminary written notice of its
intent to extend at least 30 days before the contract expires. The
preliminary notice does not commit the Government to an extension.

\(b\) If the Government exercises this option, the extended contract
shall be considered to include this option clause.

\(c\) The total duration of this contract, including the exercise of any
options under this clause, shall not exceed 60 months.

(End of clause)

**I.59. 52.219-06 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003)**

\(a\) *Definition*. \"Small business concern,\" as used in this clause,
means a concern, including its affiliates, that is independently owned
and operated, not dominant in the field of operation in which it is
bidding on Government contracts, and qualified as a small business under
the size standards in this solicitation.

\(b\) *General*.

\(1\) Offers are solicited only from small business concerns. Offers
received from concerns that are not small business concerns shall be
considered nonresponsive and will be rejected.

\(2\) Any award resulting from this solicitation will be made to a small
business concern.

\(c\) *Agreement*. A small business concern submitting an offer in its
own name shall furnish, in performing the contract, only end items
manufactured or produced by small business concerns in the United States
or its outlying areas. If this procurement is processed under simplified
acquisition procedures and the total amount of this contract does not
exceed \$25,000, a small business concern may furnish the product of any
domestic firm. This paragraph does not apply to construction or service
contracts.

*(End of clause)*

**I.60. 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR
1984)**

Funds are not presently available for performance under this contract
beyond September 30, 2004. The Government\'s obligation for performance
of this contract beyond that date is contingent upon the availability of
appropriated funds from which payment for contract purposes can be made.
No legal liability on the part of the Government for any payment may
arise for performance under this contract beyond September 30, 2004
until funds are made available to the Contracting Officer for
performance and until the Contractor receives notice of availability, to
be confirmed in writing by the Contracting Officer.

> (End of clause)

**I.61. 52.232-25 PROMPT PAYMENT (OCT 2003)**

Notwithstanding any other payment clause in this contract, the
Government will make invoice payments under the terms and conditions
specified in this clause. The Government considers payment as being made
on the day a check is dated or the date of an electronic funds transfer
(EFT). Definitions of pertinent terms are set forth in sections 2.101,
32.001, and 32.902 of the Federal Acquisition Regulation. All days
referred to in this clause are calendar days, unless otherwise
specified. (However, see paragraph (a)(4) of this clause concerning
payments due on Saturdays, Sundays, and legal holidays.)

\(a\) *Invoice payments*-

\(1\) *Due date*.

\(i\) Except as indicated in paragraphs (a)(2) and (c) of this clause,
the due date for making invoice payments by the designated payment
office is the later of the following two events:

\(A\) The 30th day after the designated billing office receives a proper
invoice from the Contractor (except as provided in paragraph (a)(1)(ii)
of this clause).

\(B\) The 30th day after Government acceptance of supplies delivered or
services performed. For a final invoice, when the payment amount is
subject to contract settlement actions, acceptance is deemed to occur on
the effective date of the contract settlement.

\(ii\) If the designated billing office fails to annotate the invoice
with the actual date of receipt at the time of receipt, the invoice
payment due date is the 30th day after the date of the Contractor\'s
invoice, provided the designated billing office receives a proper
invoice and there is no disagreement over quantity, quality, or
Contractor compliance with contract requirements.

\(2\) *Certain food products and other payments*.

\(i\) Due dates on Contractor invoices for meat, meat food products, or
fish; perishable agricultural commodities; and dairy products, edible
fats or oils, and food products prepared from edible fats or oils are-

\(A\) For meat or meat food products, as defined in section 2(a)(3) of
the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further
defined in Pub. L. 98-181, including any edible fresh or frozen poultry
meat, any perishable poultry meat food product, fresh eggs, and any
perishable egg product, as close as possible to, but not later than, the
7th day after product delivery.

\(B\) For fresh or frozen fish, as defined in section 204(3) of the Fish
and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as
possible to, but not later than, the 7th day after product delivery.

\(C\) For perishable agricultural commodities, as defined in section
1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C.
499a(4)), as close as possible to, but not later than, the 10th day
after product delivery, unless another date is specified in the
contract.

\(D\) For dairy products, as defined in section 111(e) of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or
oils, and food products prepared from edible fats or oils, as close as
possible to, but not later than, the 10th day after the date on which a
proper invoice has been received. Liquid milk, cheese, certain processed
cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings,
and other similar products, fall within this classification. Nothing in
the Act limits this classification to refrigerated products. When
questions arise regarding the proper classification of a specific
product, prevailing industry practices will be followed in specifying a
contract payment due date. The burden of proof that a classification of
a specific product is, in fact, prevailing industry practice is upon the
Contractor making the representation.

\(ii\) If the contract does not require submission of an invoice for
payment (*e.g*., periodic lease payments), the due date will be as
specified in the contract.

\(3\) *Contractor\'s invoice*. The Contractor shall prepare and submit
invoices to the designated billing office specified in the contract. A
proper invoice must include the items listed in paragraphs (a)(3)(i)
through (a)(3)(x) of this clause. If the invoice does not comply with
these requirements, the designated billing office will return it within
7 days after receipt (3 days for meat, meat food products, or fish; 5
days for perishable agricultural commodities, dairy products, edible
fats or oils, and food products prepared from edible fats or oils), with
the reasons why it is not a proper invoice. The Government will take
into account untimely notification when computing any interest penalty
owed the Contractor.

\(i\) Name and address of the Contractor.

\(ii\) Invoice date and invoice number. (The Contractor should date
invoices as close as possible to the date of the mailing or
transmission.)

\(iii\) Contract number or other authorization for supplies delivered or
services performed (including order number and contract line item
number).

\(iv\) Description, quantity, unit of measure, unit price, and extended
price of supplies delivered or services performed.

\(v\) Shipping and payment terms (*e.g*., shipment number and date of
shipment, discount for prompt payment terms). Bill of lading number and
weight of shipment will be shown for shipments on Government bills of
lading.

\(vi\) Name and address of Contractor official to whom payment is to be
sent (must be the same as that in the contract or in a proper notice of
assignment).

\(vii\) Name (where practicable), title, phone number, and mailing
address of person to notify in the event of a defective invoice.

\(viii\) Taxpayer Identification Number (TIN). The Contractor shall
include its TIN on the invoice only if required elsewhere in this
contract.

\(ix\) Electronic funds transfer (EFT) banking information.

\(A\) The Contractor shall include EFT banking information on the
invoice only if required elsewhere in this contract.

\(B\) If EFT banking information is not required to be on the invoice,
in order for the invoice to be a proper invoice, the Contractor shall
have submitted correct EFT banking information in accordance with the
applicable solicitation provision (*e.g*., 52.232-38, Submission of
Electronic Funds Transfer Information with Offer), contract clause
(*e.g*., 52.232-33, Payment by Electronic Funds Transfer-Central
Contractor Registration, or 52.232-34, Payment by Electronic Funds
Transfer-Other Than Central Contractor Registration), or applicable
agency procedures.

\(C\) EFT banking information is not required if the Government waived
the requirement to pay by EFT.

\(x\) Any other information or documentation required by the contract
(*e.g*., evidence of shipment).

\(4\) *Interest penalty*. The designated payment office will pay an
interest penalty automatically, without request from the Contractor, if
payment is not made by the due date and the conditions listed in
paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if
applicable. However, when the due date falls on a Saturday, Sunday, or
legal holiday, the designated payment office may make payment on the
following working day without incurring a late payment interest penalty.

\(i\) The designated billing office received a proper invoice.

\(ii\) The Government processed a receiving report or other Government
documentation authorizing payment, and there was no disagreement over
quantity, quality, or Contractor compliance with any contract term or
condition.

\(iii\) In the case of a final invoice for any balance of funds due the
Contractor for supplies delivered or services performed, the amount was
not subject to further contract settlement actions between the
Government and the Contractor.

\(5\) *Computing penalty amount*. The Government will compute the
interest penalty in accordance with the Office of Management and Budget
prompt payment regulations at 5 CFR part 1315.

\(i\) For the sole purpose of computing an interest penalty that might
be due the Contractor, Government acceptance is deemed to occur
constructively on the 7th day (unless otherwise specified in this
contract) after the Contractor delivers the supplies or performs the
services in accordance with the terms and conditions of the contract,
unless there is a disagreement over quantity, quality, or Contractor
compliance with a contract provision. If actual acceptance occurs within
the constructive acceptance period, the Government will base the
determination of an interest penalty on the actual date of acceptance.
The constructive acceptance requirement does not, however, compel
Government officials to accept supplies or services, perform contract
administration functions, or make payment prior to fulfilling their
responsibilities.

\(ii\) The prompt payment regulations at 5 CFR 1315.10(c) do not require
the Government to pay interest penalties if payment delays are due to
disagreement between the Government and the Contractor over the payment
amount or other issues involving contract compliance, or on amounts
temporarily withheld or retained in accordance with the terms of the
contract. The Government and the Contractor shall resolve claims
involving disputes and any interest that may be payable in accordance
with the clause at FAR 52.233-1, Disputes.

\(6\) *Discounts for prompt payment*. The designated payment office will
pay an interest penalty automatically, without request from the
Contractor, if the Government takes a discount for prompt payment
improperly. The Government will calculate the interest penalty in
accordance with the prompt payment regulations at 5 CFR part 1315.

\(7\) *Additional interest penalty*.

\(i\) The designated payment office will pay a penalty amount,
calculated in accordance with the prompt payment regulations at 5 CFR
part 1315 in addition to the interest penalty amount only if-

\(A\) The Government owes an interest penalty of \$1 or more;

\(B\) The designated payment office does not pay the interest penalty
within 10 days after the date the invoice amount is paid; and

\(C\) The Contractor makes a written demand to the designated payment
office for additional penalty payment, in accordance with paragraph
(a)(7)(ii) of this clause, postmarked not later than 40 days after the
invoice amount is paid.

(ii)(A) The Contractor shall support written demands for additional
penalty payments with the following data. The Government will not
request any additional data. The Contractor shall-

\(1\) Specifically assert that late payment interest is due under a
specific invoice, and request payment of all overdue late payment
interest penalty and such additional penalty as may be required;

\(2\) Attach a copy of the invoice on which the unpaid late payment
interest is due; and

\(3\) State that payment of the principal has been received, including
the date of receipt.

\(B\) If there is no postmark or the postmark is illegible-

\(1\) The designated payment office that receives the demand will
annotate it with the date of receipt, provided the demand is received on
or before the 40th day after payment was made; or

\(2\) If the designated payment office fails to make the required
annotation, the Government will determine the demand\'s validity based
on the date the Contractor has placed on the demand, provided such date
is no later than the 40th day after payment was made.

\(iii\) The additional penalty does not apply to payments regulated by
other Government regulations (*e.g*., payments under utility contracts
subject to tariffs and regulation).

\(b\) *Contract financing payment*. If this contract provides for
contract financing, the Government will make contract financing payments
in accordance with the applicable contract financing clause.

\(c\) *Fast payment procedure due dates*. If this contract contains the
clause at 52.213-1, Fast Payment Procedure, payments will be made within
15 days after the date of receipt of the invoice.

\(d\) *Overpayments*. If the Contractor becomes aware of a duplicate
contract financing or invoice payment or that the Government has
otherwise overpaid on a contract financing or invoice payment, the
Contractor shall immediately notify the Contracting Officer and request
instructions for disposition of the overpayment.

(End of clause)

**I.62. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER -- CENTRAL
CONTRACTOR REGISTRATION (OCT 2003)**

\(a\) *Method of payment*.

\(1\) All payments by the Government under this contract shall be made
by electronic funds transfer (EFT), except as provided in paragraph
(a)(2) of this clause. As used in this clause, the term \"EFT\" refers
to the funds transfer and may also include the payment information
transfer.

\(2\) In the event the Government is unable to release one or more
payments by EFT, the Contractor agrees to either-

> \(i\) Accept payment by check or some other mutually agreeable method
> of payment; or
>
> \(ii\) Request the Government to extend the payment due date until
> such time as the Government can make payment by EFT (but see paragraph
> (d) of this clause).

\(b\) *Contractor\'s EFT information*. The Government shall make payment
to the Contractor using the EFT information contained in the Central
Contractor Registration (CCR) database. In the event that the EFT
information changes, the Contractor shall be responsible for providing
the updated information to the CCR database.

\(c\) *Mechanisms for EFT payment*. The Government may make payment by
EFT through either the Automated Clearing House (ACH) network, subject
to the rules of the National Automated Clearing House Association, or
the Fedwire Transfer System. The rules governing Federal payments
through the ACH are contained in 31 CFR parts 210.

\(d\) *Suspension of payment*. If the Contractor\'s EFT information in
the CCR database is incorrect, then the Government need not make payment
to the Contractor under this contract until correct EFT information is
entered into the CCR database; and any invoice or contract-financing
request shall be deemed not to be a proper invoice for the purpose of
prompt payment under this contract. The prompt payment terms of the
contract regarding notice of an improper invoice and delays in accrual
of interest penalties apply.

\(e\) *Liability for uncompleted or erroneous transfers*.

\(1\) If an uncompleted or erroneous transfer occurs because the
Government used the Contractor\'s EFT information incorrectly, the
Government remains responsible for-

> \(i\) Making a correct payment;
>
> \(ii\) Paying any prompt payment penalty due; and
>
> \(iii\) Recovering any erroneously directed funds.

\(2\) If an uncompleted or erroneous transfer occurs because the
Contractor\'s EFT information was incorrect, or was revised within 30
days of Government release of the EFT payment transaction instruction to
the Federal Reserve System, and-

> \(i\) If the funds are no longer under the control of the payment
> office, the Government is deemed to have made payment and the
> Contractor is responsible for recovery of any erroneously directed
> funds; or
>
> \(ii\) If the funds remain under the control of the payment office,
> the Government shall not make payment, and the provisions of paragraph
> (d) of this clause shall apply.

\(f\) *EFT and prompt paymen*t. A payment shall be deemed to have been
made in a timely manner in accordance with the prompt payment terms of
this contract if, in the EFT payment transaction instruction released to
the Federal Reserve System, the date specified for settlement of the
payment is on or before the prompt payment due date, provided the
specified payment date is a valid date under the rules of the Federal
Reserve System.

\(g\) *EFT and assignment of claims*. If the Contractor assigns the
proceeds of this contract as provided for in the assignment of claims
terms of this contract, the Contractor shall require as a condition of
any such assignment, that the assignee shall register separately in the
CCR database and shall be paid by EFT in accordance with the terms of
this clause. Notwithstanding any other requirement of this contract,
payment to an ultimate recipient other than the Contractor, or a
financial institution properly recognized under an assignment of claims
pursuant to Subpart 32.8, is not permitted. In all respects, the
requirements of this clause shall apply to the assignee as if it were
the Contractor. EFT information that shows the ultimate recipient of the
transfer to be other than the Contractor, in the absence of a proper
assignment of claims acceptable to the Government, is incorrect EFT
information within the meaning of paragraph (d) of this clause.

\(h\) *Liability for change of EFT information by financial agent*. The
Government is not liable for errors resulting from changes to EFT
information made by the Contractor\'s financial agent.

\(i\) *Payment information*. The payment or disbursing office shall
forward to the Contractor available payment information that is suitable
for transmission as of the date of release of the EFT instruction to the
Federal Reserve System. The Government may request the Contractor to
designate a desired format and method(s) for delivery of payment
information from a list of formats and methods the payment office is
capable of executing. However, the Government does not guarantee that
any particular format or method of delivery is available at any
particular payment office and retains the latitude to use the format and
delivery method most convenient to the Government. If the Government
makes payment by check in accordance with paragraph (a) of this clause,
the Government shall mail the payment information to the remittance
address contained in the CCR database.

> (End of clause)

**I.63. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)**

This contract incorporates one or more clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this/these
address(es):

[http://www.acqnet.gov/far]{.underline}

(End of clause)

**I.64. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)**

\(a\) The use in this solicitation or contract of any Federal
Acquisition Regulation (48 CFR Chapter 1) clause with an authorized
deviation is indicated by the addition of \"(DEVIATION)\" after the date
of the clause.

\(b\) The use in this solicitation or contract of any [Department of
Energy]{.underline}CS_4326 clause with an authorized deviation is
indicated by the addition of \"(DEVIATION)\" after the name of the
regulation.

**[C. DEPARTMENT OF ENERGY ACQUISITION REGULATION CONTRACT
CLAUSES]{.underline}**

**I.65. 952.208-70 PRINTING (APR 1984)**

The contractor shall not engage in, nor subcontract for, any printing
(as that term is defined in Title I of the U.S. Government Printing and
Binding Regulations in effect on the effective date of this contract) in
connection with the performance of work under this contract. Provided,
however, that performance of a requirement under this contract involving
the duplication of less than 5,000 copies of a single unit, or no more
than 25,000 units in the aggregate of multiple units, will not be deemed
to be printing. A unit is defined as one sheet, size 8\" by 11 inches
one side only, one color. A requirement is defined as a single
publication document.

\(1\) The term \"printing\" includes the following processes:
composition, plate making, presswork, binding, microform publishing, or
the end items produced by such processes.

\(2\) If fulfillment of the contract will necessitate reproduction in
excess of the limits set forth above, the contractor shall notify the
contracting officer in writing and obtain the contracting officer\'s
approval prior to acquiring on DOE\'s behalf production, acquisition,
and dissemination of printed matter. Such printing must be obtained from
the Government Printing Office (GPO), a contract source designated by
GPO or a Joint Committee on Printing authorized federal printing plant.

\(3\) Printing services not obtained in compliance with this guidance
will result in the cost of such printing being disallowed.

\(4\) The Contractor will include in each of his subcontracts hereunder
a provision substantially the same as this clause including this
paragraph (4).

**I.66. 952.242-70 TECHNICAL DIRECTION (DEC 2000)**

\(a\) Performance of the work under this contract shall be subject to
the technical direction of the DOE Contracting Officer\'s Representative
(COR). The term \"technical direction\" is defined to include, without
limitation:

\(1\) Providing direction to the contractor that redirects contract
effort, shift work emphasis between work areas or tasks, require pursuit
of certain lines of inquiry, fill in details, or otherwise serve to
accomplish the contractual Statement of Work.

\(2\) Providing written information to the contractor that assists in
interpreting drawings, specifications, or technical portions of the work
description.

\(3\) Reviewing and, where required by the contract, approving,
technical reports, drawings, specifications, and technical information
to be delivered by the contractor to the Government.

\(b\) The contractor will receive a copy of the written COR designation
from the contracting officer. It will specify the extent of the COR\'s
authority to act on behalf of the contracting officer.

\(c\) Technical direction must be within the scope of work stated in the
contract. The COR does not have the authority to, and may not, issue any
technical direction that:

\(1\) Constitutes an assignment of additional work outside the Statement
of Work;

\(2\) Constitutes a change as defined in the contract clause entitled
\"Changes;\"

\(3\) In any manner causes an increase or decrease in the total
estimated contract cost, the fee (if any), or the time required for
contract performance;

\(4\) Changes any of the expressed terms, conditions or specifications
of the contract; or

\(5\) Interferes with the contractor\'s right to perform the terms and
conditions of the contract.

\(d\) All technical direction shall be issued in writing by the COR.

\(e\) The contractor must proceed promptly with the performance of
technical direction duly issued by the COR in the manner prescribed by
this clause and within its authority under the provisions of this
clause. If, in the opinion of the contractor, any instruction or
direction by the COR falls within one of the categories defined in
(c)(1) through (c)(5) of this clause, the contractor must not proceed
and must notify the Contracting Officer in writing within five (5)
working days after receipt of any such instruction or direction and must
request the Contracting Officer to modify the contract accordingly. Upon
receiving the notification from the contractor, the Contracting Officer
must:

\(1\) Advise the contractor in writing within thirty (30) days after
receipt of the contractor\'s letter that the technical direction is
within the scope of the contract effort and does not constitute a change
under the Changes clause of the contract;

\(2\) Advise the contractor in writing within a reasonable time that the
Government will issue a written change order; or

\(3\) Advise the contractor in writing within a reasonable time not to
proceed with the instruction or direction of the COR.

\(f\) A failure of the contractor and Contracting Officer either to
agree that the technical direction is within the scope of the contract
or to agree upon the contract action to be taken with respect to the
technical

direction will be subject to the provisions of the clause entitled
\"Disputes.\"

**PART III**

**SECTION J -- LIST OF ATTACHMENTS**

[DOCUMENT]{.underline} [TITLE]{.underline}

Attachment 1 Sample Task Order Format

Attachment 2\* Evaluation Scenario

Attachment 3\* ACH Payment Enrollment Form

Attachment 4\* Reference Information Sheet & Past Performance

Questionnaire

\* Will not become a part of the resultant contract

**PART IV**

SECTION K -- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF
OFFERORS.

The following solicitation provisions are incorporated by reference
pursuant to FAR 52.252-1 entitled "SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE (FEB 1998).

**[A. FEDERAL ACQUISITION REGULATION SOLICITATION
PROVISIONS:]{.underline}**

**K.1. 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY
1999)**

(Reference 4.603)

**K.2. 52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING
REQUIREMENTS (DEC 2001)**

(Reference 22.1310(c)

**[B. SOLICITATION PROVISIONS INCORPORATED IN FULL TEXT]{.underline}**

**K.3. 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR
1985)**

\(a\) The offeror certifies that\--

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

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

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

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

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

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

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

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

\(iii\) As an agent, has not personally participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) of this provision. (c) If the offeror deletes or modifies
subparagraph (a)(2) of this provision, the offeror must furnish with its
offer a signed statement setting forth in detail the circumstances of
the disclosure.

(End of provision)

K.4. 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO
INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)

\(a\) The definitions and prohibitions contained in the clause, at FAR
52.203-12, Limitation on Payments to Influence Certain Federal
Transactions, included in this solicitation, are hereby incorporated by
reference in paragraph (b) of this certification.

\(b\) The offeror, by signing its offer, hereby certifies to the best of
his or her knowledge and belief that on or after December 23, 1989---

> \(1\) No Federal appropriated funds have been paid or will be paid to
> any person for influencing or attempting to influence an officer or
> employee of any agency, a Member of Congress, an officer or employee
> of Congress, or an employee of a Member of Congress on his or her
> behalf in connection with the awarding of any Federal contract, the
> making of any Federal grant, the making of any Federal loan, the
> entering into of any cooperative agreement, and the extension,
> continuation, renewal, amendment or modification of any Federal
> contract, grant, loan, or

cooperative agreement;

> \(2\) If any funds other than Federal appropriated funds (including
> profit or fee received under a covered Federal transaction) have been
> paid, or will be paid, to any person for influencing or attempting to
> influence an officer or employee of any agency, a Member of Congress,
> an
>
> officer or employee of Congress, or an employee of a Member of
> Congress on his or her behalf in connection with this solicitation,
> the offeror shall complete and submit, with its offer, OMB standard
> form LLL, Disclosure of Lobbying Activities, to the Contracting
> Officer; and
>
> \(3\) He or she will include the language of this certification in all
> subcontract awards at any tier and require that all recipients of
> subcontract awards in excess of \$100,000 shall certify and disclose
> accordingly.

\(c\) Submission of this certification and disclosure is a prerequisite
for making or entering into this contract imposed by section 1352, title
31, United States Code. Any person who makes an expenditure prohibited
under this provision or who fails to file or amend the disclosure form
to be filed or amended by this provision, shall be subject to a civil
penalty of not less than \$10,000, and not more than \$100,000, for each
such failure.

(End of provision)

**K.5. 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)**

\(a\) Definitions.

\"Common parent,\" as used in this provision, means that corporate
entity that owns or controls an affiliated group of corporations that
files its Federal income tax returns on a consolidated basis, and of
which the offeror is a member.

\"Taxpayer Identification Number (TIN),\" as used in this provision,
means the number required by the Internal Revenue Service (IRS) to be
used by the offeror in reporting income tax and other returns. The TIN
may be either a Social Security Number or an Employer Identification
Number.

\(b\) All offerors must submit the information required in paragraphs
(d) through (f) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by
the IRS. If the resulting contract is subject to the payment reporting
requirements described in Federal Acquisition Regulation (FAR) 4.904,
the failure or refusal by the offeror to furnish the information may
result in a 31 percent reduction of payments otherwise due under the
contract.

\(c\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror\'s relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror\'s TIN.

\(d\) Taxpayer Identification Number (TIN).

/\_/ TIN:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

/\_/ TIN has been applied for.

/\_/ TIN is not required because:

/\_/ Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United
States;

/\_/ Offeror is an agency or instrumentality of a foreign government;

/\_/ Offeror is an agency or instrumentality of the Federal Government.

\(e\) Type of organization.

/\_/ Sole proprietorship;

/\_/ International organization per 26 CFR 1.6049-4;

/\_/ Other\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(f\) Common Parent.

/\_/ Offeror is not owned or controlled by a common parent as defined in
paragraph (a) of this provision.

/\_/ Name and TIN of common parent:

Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TIN\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> (End of provision)

**K.6. 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)**

(a)(1) The Offeror certifies, to the best of its knowledge and belief,
that---

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

    \(A\) Are / / are not / / presently debarred, suspended, proposed
    for debarment, or declared ineligible for the award of contracts by
    any

Federal agency;

\(B\) Have / / have not / /, within a three-year period preceding this
offer, been convicted of or had a civil judgment rendered against them
for: commission of fraud or a criminal offense in

> connection with obtaining, attempting to obtain, or performing a
> public (Federal, state, or local) contract or subcontract; violation
> of Federal or state antitrust statutes relating to the submission of
>
> offers; or commission of embezzlement, theft, forgery, bribery,
> falsification or destruction of records, making false statements, tax
> evasion, or receiving stolen property; and

\(C\) Are / / are not / / presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with, commission
of any of the offenses enumerated in paragraph

(a)(1)(i)(B) of this provision.

> \(ii\) The Offeror has / / has not / /, within a three-year period
> preceding this offer, had one or more contracts terminated for default
> by any Federal agency.

\(2\) \"Principals,\" for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions). THIS CERTIFICATION CONCERNS
A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND
THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY
RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18,
UNITED STATES CODE.

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

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

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

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

> (End of provision)

**K.7. 952.209-8 ORGANIZATIONAL CONFLICTS OF INTEREST
DISCLOSURE-ADVISORY AND ASSISTANCE SERVICES (JUN 1997)**

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

\(b\) An offeror notified that it is the apparent successful offeror
shall provide the statement described in paragraph (c) of this
provision. For purposes of this provision, \"apparent successful
offeror\" means the proposer selected for final negotiations or, where
individual contracts are negotiated with all firms in the competitive
range, it means all such firms.

\(c\) The statement must contain the following:

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

(2) A statement that no actual or potential conflict of interest or
    unfair competitive advantage exists with respect to the advisory and
    assistance services to be provided in connection with the instant
    contract or that any actual or potential conflict of interest or
    unfair competitive advantage that does or may exist with respect to
    the contract in question has been communicated as part of the
    statement required by (b) of this provision.

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

> (End of provision)

**K.8. 52.215-6 PLACE OF PERFORMANCE (OCT 1997)**

\(a\) The offeror or respondent, in the performance of any contract
resulting from this solicitation, /\_\_\_\_\_\_\_\_\_\_ intends, /
\_\_\_\_\_\_\_\_\_\_ , does not intend to use one or more plants or
facilities located at a different address from the address of the
offeror or respondent as indicated in this proposal or response to
request for information.

\(b\) If the offeror or respondent checks \"intends\" in paragraph (a)
of this provision, it shall insert in the following spaces the required
information:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

PLACE OF PERFORMANCE (STREET NAME AND ADDRESS OF OWNER AND ADDRESS,
CITY, STATE, COUNTY, ZIP OPERATOR OF THE PLANT OR FACILITY CODE) IF
OTHER THAN OFFEROR OR RESPONDENT
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(End of provision)

**K.9. 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004)**

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is 541330.

\(2\) The small business size standard is \$23 Million.

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

\(b\) *Representations*.

\(1\) The offeror represents as part of its offer that it \_\_ is, \_\_
is not a small business concern.

\(2\) \[*Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision*.\] The offeror
represents, for general statistical purposes, that it \_\_ is, \_\_ is
not, a small disadvantaged business concern as defined in 13 CFR
124.1002.

\(3\) \[*Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision*.\] The offeror
represents as part of its offer that it \_\_ is, \_\_ is not a
women-owned small business concern.

\(4\) \[*Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision*.\] The offeror
represents as part of its offer that it \_\_ is, \_\_ is not a
veteran-owned small business concern.

\(5\) \[*Complete only if the offeror represented itself as a
veteran-owned small business concern in paragraph (b)(4) of this
provision*.\] The offeror represents as part of its offer that it \_\_
is, \_\_ is not a service-disabled veteran-owned small business concern.

\(6\) *\[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision*.\] The offeror
represents, as part of its offer, that-

\(i\) It \_\_ is, \_\_ is not a HUBZone small business concern listed,
on the date of this representation, on the List of Qualified HUBZone
Small Business Concerns maintained by the Small Business Administration,
and no material change in ownership and control, principal office, or
HUBZone employee percentage has occurred since it was certified by the
Small Business Administration in accordance with 13 CFR part 126; and

\(ii\) It \_\_ is, \_\_ is not a joint venture that complies with the
requirements of 13 CFR part 126, and the representation in paragraph
(b)(6)(i) of this provision is accurate for the HUBZone small business
concern or concerns that are participating in the joint venture. \[*The
offeror shall enter the name or names of the HUBZone small business
concern or concerns that are participating in the joint
venture:\_\_\_\_\_\_\_\_\_\_*.\] Each HUBZone small business concern
participating in the joint venture shall submit a separate signed copy
of the HUBZone representation.

\(c\) *Definitions*. As used in this provision-

\"Service-disabled veteran-owned small business concern\"-

\(1\) Means a small business concern-

\(i\) Not less than 51 percent of which is owned by one or more
service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and

\(ii\) The management and daily business operations of which are
controlled by one or more service-disabled veterans or, in the case of a
service-disabled veteran with permanent and severe disability, the
spouse or permanent caregiver of such veteran.

\(2\) Service-disabled veteran means a veteran, as defined in 38 U.S.C.
101(2), with a disability that is service-connected, as defined in 38
U.S.C. 101(16).

\"Small business concern\" means a concern, including its affiliates,
that is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR part 121 and the size
standard in paragraph (a) of this provision.

\"Veteran-owned small business concern\" means a small business concern-

\(1\) Not less than 51 percent of which is owned by one or more veterans
(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more veterans; and

\(2\) The management and daily business operations of which are
controlled by one or more veterans.

\"Women-owned small business concern\" means a small business concern-

\(1\) That is at least 51 percent owned by one or more women; or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and

\(2\) Whose management and daily business operations are controlled by
one or more women.

\(d\) *Notice*.

\(1\) If this solicitation is for supplies and has been set aside, in
whole or in part, for small business concerns, then the clause in this
solicitation providing notice of the set-aside contains restrictions on
the source of the end items to be furnished.

\(2\) Under 15 U.S.C. 645(d), any person who misrepresents a firm\'s
status as a small, HUBZone small, small disadvantaged, or women-owned
small business concern in order to obtain a contract to be awarded under
the preference programs established pursuant to section 8(a), 8(d), 9,
or 15 of the Small Business Act or any other provision of Federal law
that specifically references section 8(d) for a definition of program
eligibility, shall-

\(i\) Be punished by imposition of fine, imprisonment, or both;

\(ii\) Be subject to administrative remedies, including suspension and
debarment; and

\(iii\) Be ineligible for participation in programs conducted under the
authority of the Act.

(End of provision)

**K.10. 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)**

The offeror represents that\--

\(a\) It /\_/ has, /\_/ has not participated in a previous contract or
subcontract subject either to the Equal Opportunity clause of this
solicitation;

\(b\) It /\_/ has, /\_/ has not, filed all required compliance reports;
and

\(c\) Representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained before
subcontract awards.

(End of provision)

**K.11. 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)**

The offeror represents that (a) it /\_/ has developed and has on file,
/\_/ has not developed and does not have on file, at each establishment,
affirmative action programs required by the rules and regulations of the
Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it /\_/ has not
previously had contracts subject to the written affirmative action
programs requirement of the rules and regulations of the Secretary of
Labor.

(End of provision)

**K.12. 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG
2003)**

\(a\) Executive Order 13148, of April 21, 2000, Greening the Government
through Leadership in Environmental Management, requires submission of
this certification as a prerequisite for contract award.

\(b\) By signing this offer, the offeror certifies that-

\(1\) As the owner or operator of facilities that will be used in the
performance of this contract that are subject to the filing and
reporting requirements described in section 313 of the Emergency
Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C.
11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA)
(42 U.S.C. 13106), the offeror will file and continue to file for such
facilities for the life of the contract the Toxic Chemical Release
Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA
and section 6607 of PPA; or

\(2\) None of its owned or operated facilities to be used in the
performance of this contract is subject to the Form R filing and
reporting requirements because each such facility is exempt for at least
one of the following reasons: \[*Check each block that is applicable*.\]

\[ \] (i) The facility does not manufacture, process, or otherwise use
any toxic chemicals listed in 40 CFR 372.65;

\[ \] (ii) The facility does not have 10 or more full-time employees as
specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

\[ \] (iii) The facility does not meet the reporting thresholds of toxic
chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f)
(including the alternate thresholds at 40 CFR 372.27, provided an
appropriate certification form has been filed with EPA);

\[ \] (iv) The facility does not fall within the following Standard
Industrial Classification (SIC) codes or their corresponding North
American Industry Classification System sectors:

\(A\) Major group code 10 (except 1011, 1081, and 1094.

\(B\) Major group code 12 (except 1241).

\(C\) Major group codes 20 through 39.

\(D\) Industry code 4911, 4931, or 4939 (limited to facilities that
combust coal and/or oil for the purpose of generating power for
distribution in commerce).

\(E\) Industry code 4953 (limited to facilities regulated under the
Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, *et
seq*.), or 5169, or 5171, or 7389 (limited to facilities primarily
engaged in solvent recovery services on a contract or fee basis); or

\[ \] (v) The facility is not located in the United States or its
outlying areas.

(End of provision)

**K.13. 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED
COMPUTER SOFTWARE (MAY 1999)**

\(a\) This solicitation sets forth the work to be performed if a
contract award results, and the Government\'s known delivery
requirements for data (as defined in FAR 27.401). Any resulting contract
may also provide the Government the option to order additional data
under the Additional Data Requirements clause at 52.227-16 of the FAR,
if included in the contract. Any data delivered under the resulting
contract will be subject to the Rights in Data\--General clause at
52.227-14 that is to be included in this contract. Under the latter
clause, a Contractor may withhold from delivery data that qualify as
limited rights data or restricted computer software, and deliver form,
fit, and function data in lieu thereof. The latter clause also may be
used with its Alternates II and/or III to obtain delivery of limited
rights data or restricted computer software, marked with limited rights
or restricted rights notices, as appropriate. In addition, use of
Alternate V with this latter clause provides the Government the right to
inspect such data at the Contractor\'s facility.

\(b\) As an aid in determining the Government\'s need to include
Alternate II or Alternate III in the clause at 52.227-14, Rights in
Data\--General, the offeror shall complete paragraph (c) of this
provision to either state that none of the data qualify as limited
rights data or restricted computer software, or identify, to the extent
feasible, which of the data qualifies as limited rights data or
restricted computer software. Any identification of limited rights data
or restricted computer software in the offeror\'s response is not
determinative of the status of such data should a contract be awarded to
the offeror.

\(c\) The offeror has reviewed the requirements for the delivery of data
or software and states \[offeror check appropriate block\]\--

/\_\_/ None of the data proposed for fulfilling such requirements
qualifies as limited rights data or restricted computer software.

/\_\_/ Data proposed for fulfilling such requirements qualify as limited
rights data or restricted computer software and are identified as
follows:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

NOTE: \"Limited rights data\" and \"Restricted computer software\" are
defined in the contract clause entitled \"Rights in Data\--General.\"

> (End of provision)

K.14. OFFER ACCEPTANCE PERIOD (GFO 09/03)

The Offeror agrees, by signing block 17 of the Standard Form 33, to hold
its offer firm for a period of not less than \_180\_\_\_\_ calendar days
from the date specified in the solicitation for receipt of offers.

**SECTION L -- INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS**

The following solicitation provisions are incorporated by reference
pursuant to FAR 52.252-1 entitled "SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE (FEB 1998)".

**[A. FEDERAL ACQUISITION REGULATION SOLICITATION
PROVISIONS:]{.underline}**

**L.1. 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR
1991)**

(Reference 14.201-6)

**L.2. 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)**

(Reference 14.201-6)

**L.3. 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE
EVALUATION (FEB 1999)** (Reference 22.810)

**L.4. 52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES
(FEB 1993)** (Reference 22.1103)

**L.5. 52.232-13 NOTICE OF PROGRESS PAYMENTS (APR 1984)** (Reference
32.502-3)

**L.6. 52.232-14 NOTICE OF AVAILABILITY OF PROGRESS PAYMENTS EXCLUSIVELY
FOR SMALL BUSINESS CONCERNS (APR 1984)** (Reference 32.502-3)

**[B. SOLICITATION PROVISIONS INCORPORATED IN FULL TEXT]{.underline}**

**L.7. 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT
2003)**

\(a\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation \"DUNS\" or \"DUNS+4\"
followed by the DUNS number or \"DUNS+4\" that identifies the offeror\'s
name and address exactly as stated in the offer. The DUNS number is a
nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the
DUNS number plus a 4-character suffix that may be assigned at the
discretion of the offeror to establish additional CCR records for
identifying alternative Electronic Funds Transfer (EFT) accounts (see
Subpart 32.11) for the same parent concern.

\(b\) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.

> \(1\) An offeror may obtain a DUNS number-
>
> \(i\) If located within the United States, by calling Dun and
> Bradstreet at 1-866-705-5711 or via the Internet at
> *http://www.dnb.com*; or
>
> \(ii\) If located outside the United States, by contacting the local
> Dun and Bradstreet office.
>
> \(2\) The offeror should be prepared to provide the following
> information:
>
> \(i\) Company legal business name.
>
> \(ii\) Tradestyle, doing business, or other name by which your entity
> is commonly recognized.
>
> \(iii\) Company physical street address, city, state and Zip Code.
>
> \(iv\) Company mailing address, city, state and Zip Code (if separate
> from physical).
>
> \(v\) Company telephone number.
>
> \(vi\) Date the company was started.
>
> \(vii\) Number of employees at your location.
>
> \(viii\) Chief executive officer/key manager.
>
> \(ix\) Line of business (industry).
>
> \(x\) Company Headquarters name and address (reporting relationship
> within your entity).
>
> (End of provision)

**L.8. 52.215-1 INSTRUCTIONS TO OFFERORS\--COMPETITIVE ACQUISITION (JAN
2004)**

\(a\) *Definitions*. As used in this provision-

\"Discussions\" are negotiations that occur after establishment of the
competitive range that may, at the Contracting Officer\'s discretion,
result in the offeror being allowed to revise its proposal.

\"In writing,\" \"writing,\" or \"written\" means any worded or numbered
expression that can be read, reproduced, and later communicated, and
includes electronically transmitted and stored information.

\"Proposal modification\" is a change made to a proposal before the
solicitation\'s closing date and time, or made in response to an
amendment, or made to correct a mistake at any time before award.

\"Proposal revision\" is a change to a proposal made after the
solicitation closing date, at the request of or as allowed by a
Contracting Officer as the result of negotiations.

\"Time,\" if stated as a number of days, is calculated using calendar
days, unless otherwise specified, and will include Saturdays, Sundays,
and legal holidays. However, if the last day falls on a Saturday,
Sunday, or legal holiday, then the period shall include the next working
day.

\(b\) *Amendments to solicitations*. If this solicitation is amended,
all terms and conditions that are not amended remain unchanged. Offerors
shall acknowledge receipt of any amendment to this solicitation by the
date and time specified in the amendment(s).

\(c\) *Submission, modification, revision, and withdrawal of proposals*.

> \(1\) Unless other methods (*e.g.*, electronic commerce or facsimile)
> are permitted in the solicitation, proposals and modifications to
> proposals shall be submitted in paper media in sealed envelopes or
> packages (i) addressed to the office specified in the solicitation,
> and (ii) showing the time and date specified for receipt, the
> solicitation number, and the name and address of the offeror. Offerors
> using commercial carriers should ensure that the proposal is marked on
> the outermost wrapper with the information in paragraphs (c)(1)(i) and
> (c)(1)(ii) of this provision.
>
> \(2\) The first page of the proposal must show- (i) The solicitation
> number; (ii) The name, address, and telephone and facsimile numbers of
> the offeror (and electronic address if available); (iii) A statement
> specifying the extent of agreement with all terms, conditions, and
> provisions included in the solicitation and agreement to furnish any
> or all items upon which prices are offered at the price set opposite
> each item; (iv) Names, titles, and telephone and facsimile numbers
> (and electronic addresses if available) of persons authorized to
> negotiate on the offeror\'s behalf with the Government in connection
> with this solicitation; and (v) Name, title, and signature of person
> authorized to sign the proposal. Proposals signed by an agent shall be
> accompanied by evidence of that agent\'s authority, unless that
> evidence has been previously furnished to the issuing office.

\(3\) *Submission, modification, revision, and withdrawal of proposals*.

> \(i\) Offerors are responsible for submitting proposals, and any
> modifications or revisions, so as to reach the Government office
> designated in the solicitation by the time specified in the
> solicitation. If no time is specified in the solicitation, the time
> for receipt is 4:30 p.m., local time, for the designated Government
> office on the date that proposal or revision is due.
>
> (ii)(A) Any proposal, modification, or revision received at the
> Government office designated in the solicitation after the exact time
> specified for receipt of offers is \"late\" and will not be considered
> unless it is received before award is made, the Contracting Officer
> determines that accepting the late offer would not unduly delay the
> acquisition; and-
>
> \(1\) If it was transmitted through an electronic commerce method
> authorized by the solicitation, it was received at the initial point
> of entry to the Government infrastructure not later than 5:00 p.m. one
> working day prior to the date specified for receipt of proposals; or
>
> \(2\) There is acceptable evidence to establish that it was received
> at the Government installation designated for receipt of offers and
> was under the Government\'s control prior to the time set for receipt
> of offers; or (3) It is the only proposal received.
>
> \(B\) However, a late modification of an otherwise successful proposal
> that makes its terms more favorable to the Government, will be
> considered at any time it is received and may be accepted.
>
> \(iii\) Acceptable evidence to establish the time of receipt at the
> Government installation includes the time/date stamp of that
> installation on the proposal wrapper, other documentary evidence of
> receipt maintained by the installation, or oral testimony or
> statements of Government personnel.
>
> \(iv\) If an emergency or unanticipated event interrupts normal
> Government processes so that proposals cannot be received at the
> office designated for receipt of proposals by the exact time specified
> in the solicitation, and urgent Government requirements preclude
> amendment of the solicitation, the time specified for receipt of
> proposals will be deemed to be extended to the same time of day
> specified in the solicitation on the first work day on which normal
> Government processes resume.
>
> \(v\) Proposals may be withdrawn by written notice received at any
> time before award. Oral proposals in response to oral solicitations
> may be withdrawn orally. If the solicitation authorizes facsimile
> proposals, proposals may be withdrawn via facsimile received at any
> time before award, subject to the conditions specified in the
> provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn
> in person by an offeror or an authorized representative, if the
> identity of the person requesting withdrawal is established and the
> person signs a receipt for the proposal before award.
>
> \(4\) Unless otherwise specified in the solicitation, the offeror may
> propose to provide any item or combination of items.
>
> \(5\) Offerors shall submit proposals in response to this solicitation
> in English, unless otherwise permitted by the solicitation, and in
> U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of
> Foreign Currency Offers, is included in the solicitation.
>
> \(6\) Offerors may submit modifications to their proposals at any time
> before the solicitation closing date and time, and may submit
> modifications in response to an amendment, or to correct a mistake at
> any time before award.

\(7\) Offerors may submit revised proposals only if requested or allowed
by the Contracting Officer.

> \(8\) Proposals may be withdrawn at any time before award. Withdrawals
> are effective upon receipt of notice by the Contracting Officer.

\(d\) *Offer expiration date*. Proposals in response to this
solicitation will be valid for the number of days specified on the
solicitation cover sheet (unless a different period is proposed by the
offeror).

\(e\) *Restriction on disclosure and use of data*. Offerors that include
in their proposals data that they do not want disclosed to the public
for any purpose, or used by the Government except for evaluation
purposes, shall-

\(1\) Mark the title page with the following legend:

> This proposal includes data that shall not be disclosed outside the
> Government and shall not be duplicated, used, or disclosed-in whole or
> in part-for any purpose other than to evaluate this proposal. If,
> however, a contract is awarded to this offeror as a result of-or in
> connection with-the submission of this data, the Government shall have
> the right to duplicate, use, or disclose the data to the extent
> provided in the resulting contract. This restriction does not limit
> the Government\'s right to use information contained in this data if
> it is obtained from another source without restriction. The data
> subject to this restriction are contained in sheets \[*insert numbers
> or other identification of sheets*\]; and

\(2\) Mark each sheet of data it wishes to restrict with the following
legend:

> Use or disclosure of data contained on this sheet is subject to the
> restriction on the title page of this proposal.

\(f\) *Contract award*.

> \(1\) The Government intends to award a contract or contracts
> resulting from this solicitation to the responsible offeror(s) whose
> proposal(s) represents the best value after evaluation in accordance
> with the factors and subfactors in the solicitation.

\(2\) The Government may reject any or all proposals if such action is
in the Government\'s interest.

\(3\) The Government may waive informalities and minor irregularities in
proposals received.

> \(4\) The Government intends to evaluate proposals and award a
> contract without discussions with offerors (except clarifications as
> described in FAR 15.306(a)). Therefore, the offeror\'s initial
> proposal should contain the offeror\'s best terms from a cost or price
> and technical standpoint. The Government reserves the right to conduct
> discussions if the Contracting Officer later determines them to be
> necessary. If the Contracting Officer determines that the number of
> proposals that would otherwise be in the competitive range exceeds the
> number at which an efficient competition can be conducted, the
> Contracting Officer may limit the number of proposals in the
> competitive range to the greatest number that will permit an efficient
> competition among the most highly rated proposals.
>
> \(5\) The Government reserves the right to make an award on any item
> for a quantity less than the quantity offered, at the unit cost or
> prices offered, unless the offeror specifies otherwise in the
> proposal.
>
> \(6\) The Government reserves the right to make multiple awards if,
> after considering the additional administrative costs, it is in the
> Government\'s best interest to do so.
>
> \(7\) Exchanges with offerors after receipt of a proposal do not
> constitute a rejection or counteroffer by the Government.
>
> \(8\) The Government may determine that a proposal is unacceptable if
> the prices proposed are materially unbalanced between line items or
> subline items. Unbalanced pricing exists when, despite an acceptable
> total evaluated price, the price of one or more contract line items is
> significantly overstated or understated as indicated by the
> application of cost or price analysis techniques. A proposal may be
> rejected if the Contracting Officer determines that the lack of
> balance poses an unacceptable risk to the Government.
>
> \(9\) If a cost realism analysis is performed, cost realism may be
> considered by the source selection authority in evaluating performance
> or schedule risk.
>
> \(10\) A written award or acceptance of proposal mailed or otherwise
> furnished to the successful offeror within the time specified in the
> proposal shall result in a binding contract without further action by
> either party.
>
> \(11\) If a post-award debriefing is given to requesting offerors, the
> Government shall disclose the following information, if applicable:
>
> \(i\) The agency\'s evaluation of the significant weak or deficient
> factors in the debriefed offeror\'s offer.
>
> \(ii\) The overall evaluated cost or price and technical rating of the
> successful and the debriefed offeror and past performance information
> on the debriefed offeror.
>
> \(iii\) The overall ranking of all offerors, when any ranking was
> developed by the agency during source selection.
>
> \(iv\) A summary of the rationale for award.
>
> \(v\) For acquisitions of commercial items, the make and model of the
> item to be delivered by the successful offeror.
>
> \(vi\) Reasonable responses to relevant questions posed by the
> debriefed offeror as to whether source-selection procedures set forth
> in the solicitation, applicable regulations, and other applicable
> authorities were followed by the agency.

> (End of provision)

**L.9. 52.216-1 TYPE OF CONTRACT (APR 1984)**

The Government contemplates award of an Indefinite Delivery Indefinite
Quantity - Fixed Price with Time and Materials Reimbursement for Task
Orders resulting from this solicitation.

> (End of provision)

**L.10. 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)**

The Government may elect to award a single delivery order contract or
task order contract or to award multiple delivery order contracts or
task order contracts for the same or similar supplies or services to two
or more sources under this solicitation.

> (End of provision)

**L.11. 52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION
WITH OFFER (MAY 1999)**

The offeror shall provide, with its offer, the following information
that is required to make payment by electronic funds transfer (EFT)
under any contract that results from this solicitation. This submission
satisfies the requirement to provide EFT information under paragraphs
(b)(1) and (j) of the clause at 52.232-34, Payment by Electronic Funds
Transfer-Other than Central Contractor Registration.

\(1\) The solicitation number (or other procurement identification
number).

\(2\) The offeror\'s name and remittance address, as stated in the
offer.

\(3\) The signature (manual or electronic, as appropriate), title, and
telephone number of the offeror\'s official authorized to provide this
information.

\(4\) The name, address, and 9-digit Routing Transit Number of the
offeror\'s financial agent.

\(5\) The offeror\'s account number and the type of account (checking,
savings, or lockbox).

\(6\) If applicable, the Fedwire Transfer System telegraphic
abbreviation of the offeror\'s financial agent.

\(7\) If applicable, the offeror shall also provide the name, address,
telegraphic abbreviation, and 9-digit Routing Transit Number of the
correspondent financial institution receiving the wire transfer payment
if the offeror\'s financial agent is not directly on-line to the Fedwire
and, therefore, not the receiver of the wire transfer payment.

> (End of provision)

**L.12. 52.233-2 SERVICE OF PROTEST (AUG 1996)**

\(a\) Protests, as defined in section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO), shall
be served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgment of receipt from:

Joyce Ziesler, Contracting Officer

US Department of Energy

Golden Field Office

1617 Cole Boulevard

Golden, CO 80401

\(b\) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.

> (End of provision)

**L.13. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)**

This solicitation incorporates one or more solicitation provisions by
reference, with the same force and effect as if they were given in full
text. Upon request, the Contracting Officer will make their full text
available. The offeror is cautioned that the listed provisions may
include blocks that must be completed by the offeror and submitted with
its quotation or offer. In lieu of submitting the full text of those
provisions, the offeror may identify the provision by paragraph
identifier and provide the appropriate information with its quotation or
offer. Also, the full text of a solicitation provision may be accessed
electronically at this/these address(es):
[http://www.acqnet.gov](http://www.acqnet.gov/).

> (End of provision)

**L.14. 952.219-70 DOE MENTOR-PROTÉGÉ PROGRAM (MAY 2000)**

The Department of Energy has established a Mentor-Protege Program to
encourage its prime contractors to assist firms certified under section
8(a) of the Small Business Act by SBA, other small disadvantaged
businesses, women-owned small businesses, Historically Black Colleges
and Universities and Minority Institutions, other minority institutions
of higher learning and small business concerns owned and controlled by
service disabled veterans in enhancing their business abilities. If the
contract resulting from this solicitation is awarded on a
cost-plus-award fee basis, the contractor\'s performance as a Mentor may
be evaluated as part of the award fee plan. Mentor and Protege firms
will develop and submit \`\`lessons learned\'\' evaluations to DOE at
the conclusion of the contract. Any DOE contractor that is interested in
becoming a Mentor should refer to the applicable regulations at 48 CFR
919.70 and should contact the Department of Energy\'s Office of Small
and Disadvantaged Business Utilization.

**L.15. 952.233-2 SERVICE OF PROTEST (MAR 2002)**

Another copy of a protest filed with the General Accounting Office shall
be furnished to the following address within the time periods described
in paragraph (b) of this clause: U.S. Department of Energy, Assistant
General Counsel for Procurement and Assistance (GC-61), 1000
Independence Avenue, SW., Washington, DC 20585, Fax: (202) 586-4546.

L.16. 952.233-4 NOTICE OF PROTEST FILE AVAILABILITY (SEP 1996)

\(a\) If a protest of this procurement is filed with the General
Accounting Office (GAO) in accordance with 4 CFR Part 21, any actual or
prospective offeror may request the Department of Energy to provide it
with reasonable access to the protest file pursuant to FAR
33.104(a)(3)(ii), implementing section 1065 of Public Law 103-355. Such
request must be in writing and addressed to the contracting officer for
this procurement.

\(b\) Any offeror who submits information or documents to the Department
for the purpose of competing in this procurement is hereby notified that
information or documents it submits may be included in the protest file
that will be available to actual or prospective offerors in accordance
with the requirements of FAR 33.104(a)(3)(ii). The Department will be
required to make such documents available unless they are exempt from
disclosure pursuant to the Freedom of Information Act. Therefore,
offerors should mark any documents as to which they would assert that an
exemption applies (See 10 CFR part 1004.)

**L.17. 952.233-5 AGENCY PROTEST REVIEW (SEP 1996)**

Protests to the Agency will be decided either at the level of the Head
of the Contracting Activity or at the Headquarters level. The Department
of Energy\'s agency protest procedures, set forth in 933.103, elaborate
on these options and on the availability of a suspension of a
procurement that is protested to the agency. The Department encourages
potential protesters to discuss their concerns with the contracting
officer prior to filing a protest.

**L.18. PROPOSAL PREPARATION INSTRUCTIONS - GENERAL (GFO 09/03)**

\(a\) General - Proposals are expected to conform to solicitation
provisions and be prepared in accordance with this section. To aid in
evaluation, the proposal shall be clearly and concisely written as well
as being neat, indexed (cross-indexed as appropriate) and logically
assembled. All pages of each part shall be appropriately numbered and
identified with the name of the offeror, the date, and the solicitation
number to the extent practicable.

\(b\) Overall Arrangement of Proposal - The offeror shall be registered
and have access to the DOE Industry Interactive Procurement System
(IIPS) website located at
[http://e-center.doe.gov](http://e-center.doe.gov/) The overall proposal
shall consist of three (3) physically separated volumes (Vols. I, II,
III) individually titled as stated below. The offeror shall submit each
proposal volume utilizing the IIPS in accordance with Volumes I, II,
III. **The offers are due on August 9, 2004 at 4:30 PM Eastern time as
specified in the IIPS system. DOE will not accept mailed "hard-copy"
proposals or hand-carried proposals. Vendors are cautioned that it is
their responsibility for the timely submission of all required
information through the IIPS system.**

VOLUME NUMBER TITLE

Volume I Offer and Other Documents

Volume II Technical Proposal

Volume III Cost Proposal

\(c\) Do not assume that because you have had similar awards with the
Federal Government, or the Department of Energy the reviewer knows of
your performance under such agreements and will make assumptions
regarding your proposal based on that knowledge. Any proposals received
in response to this solicitation will be reviewed strictly as submitted
and in accordance with the evaluation criteria specified in Section M.

**L.19. PROPOSAL PREPARATION INSTRUCTIONS - VOLUME I, OFFER AND OTHER
DOCUMENTS (GFO 09/03)**

\(a\) General - Volume I, Offer and Other Documents, consists of the
actual offer to enter into a contract to perform the desired work. For
purposes of this solicitation, the offer includes the Standard Form 33,
Schedule B, any fill-ins in various sections of the contract, Offeror
Representations and Certifications, a summary of exceptions and
deviations taken, and ACH Payment Information.

\(b\) Format and Content - Volume I, Offer and Other Documents, shall
include the following documents (in the order listed):

\(1\) The Solicitation, Offer, and Award Form.

> \(i\) Use of the Form. The Solicitation, Offer, and Award Form,
> Standard Form 33, is to be executed fully and used as the cover sheet
> (or first page) of Volume I, Offer and Other Documents.

\(ii\) Signature Authority. The person signing the Form must have the
authority to commit the Offeror to all of the provisions of the
proposal, fully recognizing that the Government has the right, by terms
of the Solicitation, to make an award without further discussion, if
desired.

\(2\) Section B, Schedule. The Offeror shall include a completed Section
B, Schedule for the Base period and all Option periods in Volume I,
Offer and Other Documents.

\(3\) Various clauses with fill-ins are required in Solicitation
Sections G, H, and I relative to administrative matters. These clauses
shall be completed and included in Volume I, Offer and Other Documents.

\(4\) Offeror Representations, Certifications, and Other Statements of
Offerors. Offeror Representations, Certifications, and Other Statements
of Offerors (Solicitation Part IV - SECTION K) are to be fully executed
and included in Volume I, Offer and Other Documents.

\(5\) Deviations taken to the Contract.

> \(i\) The Offeror shall identify and explain any deviations taken, or
> conditional assumptions made, with respect to the contract; Offeror
> Representations, Certifications, and Other Statements of the Offerors
> (Section K); the requirements of this section; and any other matters
> included in Volume I - Offer and Other Documents, including the
> reporting requirements.
>
> \(ii\) Any deviations, etc., taken must contain sufficient
> amplification and justification to permit evaluation. The benefit to
> the Government shall be explained for each deviation. Such deviations
> will not automatically cause a proposal to be unacceptable. A large
> number of deviations, or one or more significant deviations not
> providing benefit to the Government, however, may result in rejection
> of your proposal(s) as unacceptable.

\(6\) Payment Information - The ACH Payment Enrollment Form (see the
associated attachment identified in Section J) shall be completed and
placed in this volume.

**L.20. TECHNICAL PROPOSAL PREPARATION INSTRUCTIONS - VOLUME II (GFO
09/03)**

\(a\) General.

\(1\) Volume II - Technical Proposal consists of the offeror's outline
addressing the technical and management aspects of the acquisition,
vendor capabilities and what the vendor will do to satisfy the
requirements of the Statement of Work. The Technical Proposal will be
evaluated in accordance with the criteria contained in Part IV, Section
M, and it should be specific and complete in every detail. The proposal
should be practical and be prepared simply and economically, providing
straightforward, concise delineation of what it is the offeror will do
to satisfy the requirements of the Statement of Work.

\(2\) In order that your Technical Proposal may be evaluated strictly on
the merit of the material submitted, no contractual price information is
to be included in your Technical Proposal. Where estimated man-hours
will provide clarity, they shall be quoted in man-hour figures only,
with no indication as to the cost of these man-hours.

\(3\) The proposal shall not merely offer to perform work in accordance
with the scope of work, but shall outline the actual work proposed as
specifically as practical. The Statement of Work reflects the problems
and objective of the program under consideration; therefore, repeating
the scope of work without sufficient elaboration will not be acceptable.

\(b\) Format and Content:

\(1\) Volume II, Technical Proposal, shall include the following
components: a) Table of Contents; b) List of Tables and Figures; c)
Technical Summary; d) Technical Approach; e) Technical Exceptions and
Deviations. These major headings may be subdivided or supplemented by
the offeror as appropriate.

\(2\) The proposal should be typed using the Microsoft "Times New
Roman"-10 font (or comparable alternative software size font), with one
inch margins, and not exceeding 50 pages single spaced, exclusive of
resumes and related corporate experience. Tables or graphs may also be
used as appropriate, and are considered part of the page limitation.

\(3\) Technical Summary. This short section shall contain an outline of
difficulties or the problem(s) and the proposed general approach (es)
toward solving them.

\(4\) Technical Approach. This section shall contain the major portion
of the Technical Proposal using the Evaluation Scenario, Attachment 2 of
SECTION J. It should clearly address each of the Technical Proposal
evaluation criteria in Part IV, Section M, and at a minimum cover the
subordinate factors or sub criteria listed thereunder, if any. It should
be presented in as much detail as practical and include the following
aspects for appropriate criteria or subordinate factors.

\(i\) Specific statement of the problem(s). Discuss major difficulties
anticipated, if any.

> \(ii\) Principles and techniques which may be applied in the
> solution(s) to the problem(s), and an evaluation of the various
> methods considered and substantiation of those selected. An indication
> of the degree of success expected.
>
> \(iii\) Other Pertinent Information. This section shall contain any
> other pertinent information which will supplement or aid in the
> understanding and evaluation of theTechnical Proposal.

\(5\) Summary of Deviations. This section shall identify and explain any
deviations taken, or conditional assumptions made with respect to the
technical requirements of the solicitation. Any deviations, etc., must
contain sufficient amplification and justification to permit evaluation.
All benefits to the Government shall be explained for each deviation.
Such deviations will not, of themselves, automatically cause a proposal
to be termed unacceptable. However, a large number of deviations, or one
or more significant deviations not providing benefit to the Government
may result in rejection of the proposal(s) as unacceptable.

\(c\) Specific areas to be addressed:

[Technical Information:]{.underline} Offerors must address the technical
information set forth below in their proposals. Failure to fully address
any of the requested information may result in lower evaluation scores.

a.  **CRITERION 1 *--* TECHNICAL APPROACH - 50%**

> Specific considerations for this criterion are:

a.  The offeror shall provide a response to the Evaluation Scenario
    which is in conformance with the federal alternatively financed
    rules, practices, and guidelines. (15%)

b.  The offeror shall provide information describing their capability
    and expertise with providing federal agencies assistance with work
    in the task areas identified in the statement of work for the Super
    ESPC and UESC mechanisms as they pertain to the proposed project in
    the evaluation scenario. (15%)

c.  The offeror shall describe their process for monitoring and
    evaluating the projects progress and performance in the pre and post
    award phases. (10%)

d.  The offeror shall identify key decision points for mitigating
    potential problems. (10%)

b\. **CRITERION 2 -- TECHNICAL AND MANAGEMENT CAPABILITIES - 40%**

> The specific considerations for this criterion are:

a.  The offeror shall demonstrate their level of corporate experience
    dealing with alternatively financed energy projects.(15%)

b.  The offeror shall demonstrate their understanding of the issues
    involved in Federal procurement of energy efficiency, water
    conservation, and renewable energy projects. (15%)

c.  The offeror shall provide the credentials, capabilities and
    experience of key individuals. (10%)

**c.** **CRITERION 3 -- PAST AND PRESENT PERFORMANCE -- 10%**

> The Offeror and any proposed subcontractors shall each provide
> completed reference information sheets for no more than 3 completed
> contracts, subcontracts, or task orders similar in size and scope to
> the effort under this solicitation that have been completed within the
> last three years or are currently in progress. Past and present
> performance information should be submitted for subcontractors having
> a total subcontract value aggregating in excess of \$1 Million dollars
> for all performance periods. If an offeror or subcontractor does not
> have any contracts, subcontracts, or task orders that are similar in
> size and scope, they may provide information on contracts,
> subcontracts, or task orders that are dissimilar.

L.21. COST PROPOSAL PREPARATION INSTRUCTIONS -- VOLUME III (GFO 09/03)

a\. General Instructions:

(1) **The Cost Proposal consists of the offeror\'s price/cost of the
    tasks proposed by the offeror based on Technical Approach proposed
    for the Evaluation Scenario**.

> The cost proposal will be used as an aid to determine the offeror's
> understanding of the project facilitation requirements of the
> solicitation and assess the validity of the offeror's approach to
> managing and performing the work. As a minimum, the Cost Proposal
> shall contain all the information and exhibits specified in the
> following paragraphs. DO NOT include any cost information in the
> Technical Proposal or other required submittals.

\(2\) Your cost proposal must be current, complete, and accurate to the
best of your knowledge including labor categories, fully burdened labor
rates estimated number of labor hours and estimated expenses i.e. travel
expenses and other direct costs.

\(3\) Modifications or changes to your cost proposal shall include the
same level of detail as the original proposal and must be submitted
through IIPS. Submit revised copies of all tables or exhibits affected
by the change(s).

\(4\) For the purposes of this Request for Proposals and award(s)
Federal Acquisition Regulation (FAR) Part 31, \"Contract Cost Principles
and Procedures," applies and is used in the instructions and exhibits.
Offerors shall also use FAR Part 31 terminology consistently throughout
their proposals.

\(5\) Consecutively number all pages in the cost proposal (including
pages with tables and exhibits). Clearly identify all exhibits and
supporting information.

\(6\) Except for individual hourly labor rates, express all costs to the
nearest whole dollar. Express all percentages to one decimal place.

\(7\) Prime contractors are responsible for making the appropriate
subcontract cost and price analysis on any proposed subcontract(s).
Whenever subcontractor cost and pricing information must be submitted,
the prime contractor shall also include the results of his own cost and
price analysis (i.e., how the price was determined to be reasonable) for
each proposed subcontract.

\(8\) Fully explain the basis for all proposed direct costs. For
example, the basis for direct labor rates might be the average of your
actual rates for each labor category during the last year, escalated by
a certain percentage for inflation. Alternately, they might be based on
a labor survey (like the Department of Labor\'s Area Wage Surveys, for
example). The basis for material prices might be written quotes, catalog
prices, or estimates. The basis for travel costs includes the number of
travelers, the destinations, the number and length of trips, airfares,
per diem costs, etc. Explain the judgmental factors applied and the
mathematical methods used for estimating, including those used for
making projections from known data. Specify the nature and amount of
contingencies, if any, included in the proposed costs. Include
sufficient information so that the Government can easily understand how
you determined your proposed costs. This narrative information should be
included after any Exhibits provided.

**L.22. NUMBER OF AWARDS (GFO 09/03)**

DOE anticipates making at least five (5) award(s) from this
solicitation.

**L.23. DISPOSITION OF PROPOSALS (GFO 09/03)**

Proposals will not be returned (except for timely withdrawals), but will
be retained by DOE for official record purposes.

**L.24. QUESTIONS CONCERNING THE SOLICITATION (GFO 09/03)**

\(a\) Any questions concerning this solicitation MUST be submitted on
the Industry Interactive Procurement System at the Internet address of
[http://e-center.doe.gov](http://e-center.doe.gov/) .

\(b\) Each question should clearly specify the RFP area to which it
refers. All questions answered will be provided to all prospective
offerors through a solicitation amendment posted on the same Internet
the web page address (URL) of:
[http://e-center.doe.gov](http://e-center.doe.gov/) . The identity of
the prospective offerors asking questions will be withheld.

**L.25. HANDLING OF PROPOSALS DURING EVALUATION**

In accordance with FAR 37.204 and DEAR 915.207-70, the Contracting
Officer has determined that non-Federal personnel may be used in the
evaluation of proposals. Offerors are advised that any proposal
submissions may be subject to review by approved non-federal technical
personnel.

**L.26. LEGISLATIVE AUTHORITY FOR ESPC CONTRACTS**

Offerors are hereby advised that the legislative authority for Energy
Savings Performance Contracts is in a hiatus status due to the sunset
provision contained in the Energy Policy Act. Therefore, contracts may
not be awarded resulting from this solicitation until such time as the
legislative authority is reauthorized by Congress. Please reference
clause K.14 OFFER ACCEPTANCE PERIOD to assist in preparation of offer.

**SECTION M -- EVALUATION FACTORS FOR AWARD**

**M.1. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)**

Except when it is determined in accordance with FAR 17.206(b) not to be
in the Government\'s best interests, the Government will evaluate offers
for award purposes by adding the total price for all options to the
total price for the basic requirement. Evaluation of options will not
obligate the Government to exercise the option(s).

> (End of provision)

**M.2. OVERALL RELATIVE IMPORTANCE (GFO 09/03)**

\(a\) Proposals submitted will be evaluated in accordance with the
following categories of criteria in descending order of importance with
technical criteria being predominant in importance:

\(1\) Technical

\(2\) Cost

\(b\) While the relative importance of the technical proposal is greater
than that of the cost proposal in determining the value to the
Government of individual offers, the apparent technical advantages will
be weighed against the evaluated probable cost. An offer containing a
superior technical proposal will have an advantage over offers which
contain less qualified technical proposals but with lower evaluated
costs only so long as the offer with a superior technical proposal is
considered to be worth the cost differential, if any. The offer(s)
determined to be the best overall value for the Government will be
selected.

**M.3. RELATIVE IMPORTANCE OF TECHNICAL EVALUATION CRITERIA (GFO
09/03)**

Technical evaluation criteria and factors are listed in descending order
of importance:

[a. Criterion 1 - Technical Approach -50%]{.underline}

The technical approach will be evaluated based on the technical strength
of the response to the Evaluation Scenario and demonstrated skills
related to prototypical financed project tasks. Specific considerations
for this criterion are:

a.  Extent to which the proposed response to the Evaluation Scenario is
    in conformance with the federal alternatively financed rules,
    practices, and guidelines. (15%)

b.  Extent of the offeror's capability and expertise with providing
    federal agencies assistance with work in the task areas identified
    in the statement of work for the Super ESPC and UESC mechanisms as
    they pertain to the proposed project in the evaluation scenario.
    (15%)

c.  Process for monitoring and evaluating the projects progress and
    performance in the pre and post award phases. (10%)

d.  Identification and appropriateness of key decision points for
    mitigating potential problems. (10%)

[b. Criterion 2 -Technical and Management Capabilities --
40%]{.underline}

Technical and management qualifications of all participating
organizations and key personnel, including subcontractors, will be
evaluated with respect to their ability to carry out the proposed
effort. The specific considerations for this criterion are:

a.  A demonstrated level of corporate experience dealing with
    alternatively financed energy projects. (15%)

b.  A demonstrated understanding of the issues involved in Federal
    procurement of energy efficiency, water conservation, and renewable
    energy projects. (15%)

c.  Credentials, capabilities and experience of key individuals. (10%)

[c. Criterion 3 - Past and Present Performance -10%]{.underline}

Offeror's (and any proposed subcontractors) will be evaluated based on
their performance under existing and prior contracts. Performance
information will be used for both responsibility determinations and as
an evaluation factor to determine the best value to the government. The
Reference Information Sheets provided by each offeror will be used by
the SEB in obtaining performance data. If the offeror does not have any
past or present performance information, the offeror will be given a
neutral rating and will not be evaluated favorably or unfavorably for
this criterion. In addition to reference information provided in the
proposal, the Government reserves the right to obtain past performance
information from other sources.

**M.4. PROPOSAL EVALUATION - GENERAL (GFO 09/03)**

\(a\) In accordance with FAR Subpart 15.3, Source Selection, a Source
Evaluation Board (SEB) has been established to evaluate proposals
submitted for this acquisition. Proposals received in response to the
RFP will be evaluated using the evaluation criteria set forth in this
Section M. A separate risk assessment evaluation will not be conducted
as a part of this evaluation. However, the SEB will identify and
document risks associated with any weaknesses and deficiencies in an
offeror\'s proposal for each of the evaluation criteria. These risks
will be evaluated in conjunction with the evaluation factors to which
they relate and considered in the selection of the offeror for award.
For these purposes, risk is defined as that which may cause disruption
to service, increase in cost or degradation of performance. The
Offeror(s) selected for award will be the responsible Offeror(s) whose
proposal(s) is (are) determined to be most advantageous to the
Government, considering the criteria set forth in this Section M.

\(b\) The proposal preparation instructions contained in Section L are
designed to provide guidance to Offerors concerning the type and depth
of information the SEB considers necessary to conduct an informed
evaluation of each proposal. A proposal may be eliminated from further
consideration before a detailed evaluation is performed if the proposal
is considered so grossly and obviously deficient as to be totally
unacceptable on its face or which costs are so inordinately high or
unrealistically low. For example, a proposal will be deemed unacceptable
if it does not represent a reasonable initial effort to address itself
to the essential requirements of the solicitation, or if it clearly
demonstrates that the Offeror does not understand the requirements of
the solicitation. In the event a proposal is rejected, a notice will be
sent to the Offeror stating the reason(s) that the proposal will not be
considered for further evaluation.

\(c\) When the term \'Offeror\' is used, it is defined as a single
contractor or a contractor and any proposed subcontractors, as
applicable. In conducting its evaluation of proposals, the Government
may seek information from any source it deems appropriate to obtain or
validate information regarding an offeror\'s capabilities, capacity,
experience, past and present performance or ability to satisfy the
requirements of the contemplated contract.

**M.5. OFFER AND OTHER DOCUMENTS EVALUATION (GFO 09/03)**

The proposal will be reviewed for completeness, compliance with all
aspects of the solicitation requirements, and verification of
eligibility for award. Any question relating to eligibility will be
referred to the Golden Field Office Legal Advisor or the Small Business
Administration representative, as appropriate. No qualitative
evaluations or scoring will be performed on this information.

**M.6. COST EVALUATION (GFO 09/03)**

\(a\) Cost proposals will not be point scored or adjectivally rated. The
cost proposal will be used as an aid to determine the offeror\'s
understanding of the requirements of the RFP, including the Evaluation
Scenario, assess the validity of the offeror\'s approach to managing and
performing the work in accordance with the technical requirements, and,
in conjunction with the technical evaluation, determine the best overall
value for the Government.