# Part I - The Schedule {#part-i---the-schedule .RFP-Part-Title}

## Section H {#section-h .RFP-Section-Title}

## Special Contract Requirements {#special-contract-requirements .RFP-Section-Title}

# Table of Contents {#table-of-contents .RFP-Part-Title}

[H.1 ENVIRONMENT, SAFETY, HEALTH, AND QUALITY ASSURANCE (ESH&Q)
1](#h.1-environment-safety-health-and-quality-assurance-eshq)

[H.2 Stop-Work and Shutdown Authorization
1](#h.2-stop-work-and-shutdown-authorization)

[H.3 Occupational Health Records and Radiation Exposure Records
2](#h.3-occupational-health-records-and-radiation-exposure-records)

[H.4 Safeguards & Security 3](#h.4-safeguards-security)

[H.5 Public Relations, Media Support and Stakeholder Interaction
3](#h.5-public-relations-media-support-and-stakeholder-interaction)

[H.6 Hanford Site Infrastructure, Utilities, Data Systems, and
Stewardship
4](#h.6-hanford-site-infrastructure-utilities-data-systems-and-stewardship)

[H.7 INCUMBENT EMPLOYEES hiring preferences
10](#h.7-incumbent-employees-hiring-preferences)

[H.8 pay AND BENEFITS 10](#h.8-pay-and-benefits)

[H.9 LABOR RELATIONS 13](#h.9-labor-relations)

[H.10 WORKFORCE RESTRUCTURING 14](#h.10-workforce-restructuring)

[H.11 AGE DISCRIMINATION 14](#h.11-age-discrimination)

[H.12 Workers' Compensation 14](#h.12-workers-compensation)

[H.13 Administration of Subcontracts
16](#h.13-administration-of-subcontracts)

[H.14 Litigation Management 16](#h.14-litigation-management)

[H.15 Disposition of Intellectual Property - Failure to Complete
Contract Performance
16](#h.15-disposition-of-intellectual-property---failure-to-complete-contract-performance)

[H.16 Determination of Appropriate Labor Standards
17](#h.16-determination-of-appropriate-labor-standards)

[H.17 Price-Anderson Amendments Act Non-Compliance
17](#h.17-price-anderson-amendments-act-non-compliance)

[H.18 Contractor Acceptance of Notices of Violation or Alleged
Violations, Fines, and Penalties
17](#h.18-contractor-acceptance-of-notices-of-violation-or-alleged-violations-fines-and-penalties)

[H.19 Allocation of Responsibilities for Contractor Environmental
Compliance Activities
18](#h.19-allocation-of-responsibilities-for-contractor-environmental-compliance-activities)

[H.20 Invoiced Amounts 18](#h.20-invoiced-amounts)

[H.21 FEE REDUCTION FOR CHANGES IN Key Personnel
18](#h.21-fee-reduction-for-changes-in-key-personnel)

[H.22 Alternative Dispute Resolution
19](#h.22-alternative-dispute-resolution)

[H.23 Successor Contractor 20](#h.23-successor-contractor)

[H.24 Lobbying Restriction (Energy and Water Development Appropriations
Act, 2003)
20](#h.24-lobbying-restriction-energy-and-water-development-appropriations-act-2003)

[H.25 Notice Regarding the Purchase of American-Made Equipment and
Products-Sense of Congress
21](#h.25-notice-regarding-the-purchase-of-american-made-equipment-and-products-sense-of-congress)

[H.26 UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION (UCNI)
21](#h.26-unclassified-controlled-nuclear-information-ucni)

[H.27 PERMITS, APPLICATIONS, AND LICENSES
21](#h.27-permits-applications-and-licenses)

[H.28 certifications and other statements of the offeror
21](#h.28-certifications-and-other-statements-of-the-offeror)

#  {#section .unnumbered}

### H.1 ENVIRONMENT, SAFETY, HEALTH, AND QUALITY ASSURANCE (ESH&Q) {#h.1-environment-safety-health-and-quality-assurance-eshq .RFP-Clause-Title}

\(a\) The FFTF Project and this contract have a mission of accelerated
closure. The nature of this contract along with the financial incentives
for accelerated completion or for cost effectiveness should never
compromise or impede implementation of the Integrated Safety Management
(ISM) System and ESH&Q compliance. The contractor shall establish a
single project wide ISM system, in compliance with the Section I clause,
*Integration of Environment, Safety and Health into Work Planning and
Execution*, and Section B clause *Conditional Payment of Fee, Profit or
Incentives*. The contractor shall submit to the CO for approval the
integrated safety management system description per the above clauses 90
days after contract award. Until DOE approves this system, the
contractor must use the incumbent contractor's Integrated Safety
Management system descriptions. Consistent with the ISMS clause, the
contractor will be provided guidance on the preparation, review, and
approval of the contractor's ISMS within 15 days following contract
award.

\(b\) The contractor shall:

\(1\) Establish a structured approach to planning and control of work
including identification, management and implementation of ESH&Q
standards and requirements appropriate for the work to be performed and
for controlling related hazards, while facilitating the effective and
efficient delivery of work. The contractor shall implement the
requirements identified in the Section I clause entitled, *Laws,
Regulations and DOE Directives.* The contractor is encouraged to follow
DEAR clause 970.5204-2(c) to tailor the requirements to the work.

\(2\) Implement a program to track and address environmental compliance
issues and implement requirements (including but not limited to
permitting, environmental reporting, Consent Decrees, Tri-Party
Agreement reporting/management, pollution prevention, waste
minimization).

\(3\) Establish annual integrated environment, safety and health
performance objectives, measures, and commitments.

> \(4\) Submit a Quality Assurance Program plan in accordance with CRD O
> 414.1A and 10 CFR 830.120 to DOE for approval prior to beginning work.
> The contractor may accept and implement existing QAP(s).

### H.2 Stop-Work and Shutdown Authorization {#h.2-stop-work-and-shutdown-authorization .RFP-Clause-Title}

\(a\) Imminent Health and Safety Hazard is a given condition or
situation which, if not immediately corrected, could result in a serious
injury or death, including exposure to radiation and toxic/ hazardous
chemicals. Imminent Danger in relation to the Facility Safety Envelope
is a condition, situation, or proposed activity which, if not
terminated, could cause, prevent mitigation of, or seriously increase
the risk of (1) Nuclear Criticality, (2) Radiation Exposure, (3)
Fire/Explosion, and/or (4) Toxic Hazardous Chemical Exposure.

\(b\) Stop Work: In the event of an imminent health and safety hazard,
identified by facility line management or staff or facility health and
safety personnel overviewing facility operations, or other individuals,
the individual or group identifying the imminent hazard situation shall
immediately take actions to eliminate or mitigate the hazard (i.e., by
directing the operator/ implementer of the activity or process causing
the imminent hazard to stop work, or by initiating emergency response
actions or other actions) to protect the health and safety of the
workers and the public and to protect DOE facilities and the
environment. In the event an imminent health and safety hazard is
identified, the individual or group identifying the hazard should
coordinate with an appropriate official, who will direct the shutdown or
other actions, as required. Such mitigating action should subsequently
be coordinated with the RL and management. The suspension or stop work
order should be promptly confirmed in writing from the Contracting
Officer.

\(c\) Shutdown: In the event of an imminent danger in relation to the
Facility Safety Envelope or a non-imminent health and safety hazard
identified by facility line managers, facility operators, health and
safety personnel over-viewing facility operations, or by independent
oversight organizations, the individual or group identifying the
potential health and safety hazard may recommend facility shutdown in
addition to any immediate actions needed to mitigate the situation.
However, the recommendation must be coordinated with management, and the
DOE-RL Manager. Any written direction to suspend operations shall be
issued by the Contracting Officer, pursuant to clause F.4.

\(d\) Facility Representatives: DOE personnel designated as Facility
Representatives (FR) provide the technical oversight of operations. The
FR has the authority to "stop work," which applies to the shutdown of an
entire plant, activity, or job. This stop work authority will be used
for an operation of a facility which is performing work the FR believes:

\(1\) Poses an imminent danger to health and safety of workers or the
public if allowed to continue;

\(2\) Could adversely affect the safe operation of, or could cause
serious damage to the facility if allowed to continue; or

\(3\) Could result in the release of radiological or chemical hazards to
the environment in excess of regulatory limits.

### H.3 Occupational Health Records and Radiation Exposure Records {#h.3-occupational-health-records-and-radiation-exposure-records .RFP-Clause-Title}

All occupational health records generated during the performance of
Hanford-related activities will be maintained by the Hanford
Occupational Medicine Contractor and are the property of DOE. All
radiation exposure records generated during the performance of
Hanford-related activities will be maintained by the Pacific Northwest
National Laboratory (PNNL) and are the property of DOE.

### H.4 Safeguards & Security {#h.4-safeguards-security .RFP-Clause-Title}

The contractor will be custodian for accountable quantities of category
IV nuclear material. The contractor shall:

\(a\) Ensure appropriate levels of protection against unauthorized
access; theft, diversion, loss of custody of accountable Nuclear
Material (NM) or Special Nuclear Material (SNM); theft of Government
property; and other hostile acts that may cause unacceptable adverse
impacts on national security or the health and safety of DOE or
contractor employees, the public, or the environment.

\(b\) Develop and implement a graded material control and accountability
(MC&A) program for any accountable SNM or NM in accordance with DOE
Orders and Manuals. The contractor may subcontract aspects of the MC&A
program (e.g., nuclear material accounting and reporting, custodian,
training, etc.). The contractor's MC&A Program is subject to DOE-RL
approval.

\(c\) Provide for the protection of any classified and unclassified
sensitive information generated, processed, and stored within its
facilities or administrative control, at any subcontracting tier.
Information Security (IS) and Operation Security (OPSEC) procedures
shall be developed to ensure compliance with DOE directives.

\(d\) Interface with the Site Management Contractor and its
subcontractors who provide physical security services (e.g., site access
control, security police officers, vulnerability analysis, etc.) and
develop documented mutually agreed to roles and responsibilities.

\(e\) Promptly prepare and submit for security clearances as required
for work under this contract.

### H.5 Public Relations, Media Support and Stakeholder Interaction {#h.5-public-relations-media-support-and-stakeholder-interaction .RFP-Clause-Title}

\(a\) The contractor shall participate in the DOE-RL external/internal
communications program to ensure that the full range of stakeholders
receives information in a timely, accurate, complete, and professional
manner. Contractor external communications actions shall comply with the
DOE Openness Initiatives and Public Involvement Policy and the American
Indian and Alaska Native Tribal Government Policy.

\(b\) The contractor shall work with DOE to ensure external/internal
communications activities represent a singular and consistent DOE source
of information about the Project and its relationship to the Hanford
Site.

\(c\) The contractor shall keep the FFTF Closure Project workforce
informed in a timely manner of all significant issues that may affect
those workers.

\(d\) As requested, the contractor shall:

\(1\) Provide timely and consistent support for inter-Governmental
liaison activities, including activities with Federal, State, local and
Native American Governments, and the Hanford Advisory Board and public
meetings as it pertains to the project.

\(2\) Respond in a timely fashion with information as requested by DOE
in support of *Freedom of Information Act* and/or *Privacy Act*
requests.

\(e\) The contractor's external/internal communications activities
include, but are not limited to:

\(1\) Public Information

\(2\) Public Involvement

\(3\) Emergency Communications Activities

\(4\) Media Relations

\(5\) FFTF Tours as requested by RL

\(6\) Preparation/Maintenance of public information Audio/Video Products
and Printed Materials.

### H.6 Hanford Site Infrastructure, Utilities, Data Systems, and Stewardship {#h.6-hanford-site-infrastructure-utilities-data-systems-and-stewardship .RFP-Clause-Title}

\(a\) Hanford Site infrastructure and services provide for the common
needs of Hanford Site operations. Most infrastructure/services are
provided through designated Hanford prime contracts. Some services are
directly funded without cost to the contractor while most are paid for
either through allocating costs among the site's contractors or use
based. The contractor is responsible to provide usage forecasts to the
provider (e.g. electrical load). The following describes the categories
of services and the terms under which services are provided. Detail
information for each service can be obtained from the provider. Services
that were required in conjunction with execution of the FFTF Closure
Project during FY 2003 are estimated at \$5,170,000. Direct Funded
Services costs are not included in this estimate amount.

Direct Funded Services

> DOE provides for the services listed in Table H-6.1 to enable critical
> site infrastructure and maintain services continuity without cost to
> this contract.

# Centralized Site Services 

> Centralized services listed in Table H-6.2 are operated to the benefit
> of all site contractors to address Hanford wide needs and/or obtain
> the benefits of volume-based operations. Costs of operating each
> service are either allocated or based on usage. The contractor will be
> expected to provide reasonable personnel support for site wide
> emergency response in conjunction with the contractor's facilities and
> operations. In addition, for Site wide emergency responses not
> directly involving the FFTF, the contractor will be expected to
> provide reasonable staff support for positions within the Site's
> Emergency Response Organization to help ensure adequate staffing to
> respond to any emergency on the Site.

# Direct Billed Services

Direct Billed services listed in Table H-6.3 are charged based on usage.

# Other Site Services

> Other services are available incidental to work being performed by
> other Hanford site contractors and may be obtained at the discretion
> of the Contractor. A summary listing is provided in Table H-6.4;
> however, the availability of these services may change without notice.
> DOE does not warranty any of these services.
>
> Services are obtained by entering into agreements with the provider
> contractor through an Interface Control Document, a Service Level
> Agreement, or equivalent which generally defines the type and level of
> service and agreed projected usage. Significant change by the
> contractor in the use of any service requires a minimum 90 day notice
> to the providing contractor as well as the Contracting Officer.

### **Table H-6.1 Direct Funded Site Services** 

### 

+------------------------------------------------+---------------------+
| **Direct Funded Items**                        | **Provider**        |
+------------------------------------------------+---------------------+
| Badging                                        | ### FHI             |
+------------------------------------------------+---------------------+
| Biological Control                             | FHI                 |
+------------------------------------------------+---------------------+
| Hanford Environmental Information Databases    | FHI                 |
+------------------------------------------------+---------------------+
| Hanford Patrol                                 | Protec              |
+------------------------------------------------+---------------------+
| Mapping Services                               | FHI                 |
+------------------------------------------------+---------------------+
| Radiological Assistance Program                | FHI                 |
+------------------------------------------------+---------------------+
| Safeguards and Security Vulnerability Analysis | FHI                 |
+------------------------------------------------+---------------------+
| Steam                                          | Johnson Controls    |
+------------------------------------------------+---------------------+
| Traffic Engineering                            | FHI                 |
+------------------------------------------------+---------------------+
| Traffic Manager                                | FHI                 |
+------------------------------------------------+---------------------+
| Tri-Party Agreement/Site Administrative        | LMSI                |
| Record/Public Information Repositories         |                     |
+------------------------------------------------+---------------------+
| Utilities Operations and Maintenance -         | FHI                 |
| Electrical Utilities                           |                     |
+------------------------------------------------+---------------------+
| Utilities Operations and Maintenance - Sewer   | FHI                 |
| Utilities                                      |                     |
+------------------------------------------------+---------------------+
| Utilities Operations and Maintenance - Water   | FHI                 |
| Compliance and Sampling                        |                     |
+------------------------------------------------+---------------------+
| Utilities Operations and Maintenance - Water   | FHI                 |
| Utilities                                      |                     |
+------------------------------------------------+---------------------+

### 

### 

### **Table H-6.2 Centralized Site Services**

+-------------------------------------------------+---------------------+
| **Service**                                     | **Provider**        |
+-------------------------------------------------+---------------------+
| Centralized Consolidated Recycling Center       | FHI                 |
| (CCRC)                                          |                     |
+-------------------------------------------------+---------------------+
| Sitewide Emergency Preparedness                 | FHI                 |
+-------------------------------------------------+---------------------+
| Engineering Drawing Management                  | LMSI                |
+-------------------------------------------------+---------------------+
| Fire Department                                 | FHI                 |
+-------------------------------------------------+---------------------+
| ### Fire System Maintenance                     | FHI                 |
+-------------------------------------------------+---------------------+
| Grounds Maintenance                             | FHI                 |
+-------------------------------------------------+---------------------+
| Hanford Employee Trust Benefits/Human Resources | FHI                 |
+-------------------------------------------------+---------------------+
| Industrial Hygiene Laboratory                   | FHI                 |
+-------------------------------------------------+---------------------+
| Information Resource Management                 | FHI                 |
| (HISI/PeopleCore/HID/PopFon)                    |                     |
+-------------------------------------------------+---------------------+
| Mail and Courier Services                       | FHI                 |
+-------------------------------------------------+---------------------+
| Property System Management - SAMS & Integrated  | FHI                 |
| Reporting                                       |                     |
+-------------------------------------------------+---------------------+
| Radio Services - Infrastructure                 | FHI                 |
+-------------------------------------------------+---------------------+
| Records Management                              | LMSI                |
+-------------------------------------------------+---------------------+
| Roads and Grounds Services                      | LMSI                |
+-------------------------------------------------+---------------------+
| Sanitary Waste Disposal                         | FHI                 |
+-------------------------------------------------+---------------------+
| Service Assessment Pool                         | FHI                 |
+-------------------------------------------------+---------------------+

### 

### **Table H-6.3 Direct Billed Site Services**

  -------------------------------------------------- --------------------
  **Direct Billed Services**                         **Provider**

  Desktop services                                   LMSI

  Dosimetry - Records portion                        PNNL

  Electrical - BPA                                   BPA

  HLAN Ops, Maintenance and Integration              LMSI

  Laundry                                            UNITEC

  Occupational Medicine Services                     HEHF

  Telecommunication Service                          LMSI
  -------------------------------------------------- --------------------

### 

### 

### 

### 

### 

### 

### 

### 

###  

### **Table H-6.4 Other Site Services**

  ------------------------------------------------ ----------------------
  **Service**                                      **Provider**

  Asset Disposition (Inventory Recovery            FHI
  Operations)                                      

  Calibration Services                             FHI

  Classified Document Management                   FHI

  Crane and Rigging                                FHI

  Dosimetry---External                             FHI

  Fabrication Services                             FHI

  Fire Systems Maintenance                         FHI

  Fleet Maintenance---General Services             FHI
  Administration (GSA) Vehicles                    

  Forms Management                                 FHI

  Industrial Hygiene Lab                           FHI

  Locksmith Services---General                     FHI

  Micrographics                                    FHI

  Occupancy Pools---Government Owned/Leased        FHI
  Facilities                                       

  Paging Services---Non Infrastructure             FHI

  Radio Services---Non Infrastructure              FHI

  Refrigerated Equipment Services                  FHI

  Respiratory Protection                           FHI

  Safeguards and Security---all except the         FHI
  centralized portion                              

  Vent and Balance                                 FHI
  ------------------------------------------------ ----------------------

\(b\) Data systems available for FFTF Closure Project Contractor:  

-   Chemical Management Database: Site wide database that keeps track of
    all hazardous chemicals, their locations and quantities.

-   EDMS (Engineering Data Management System): Contains configuration
    management information about drawings and engineering documents
    (e.g., release date and revision status).

-   HANDI: Site wide financial reporting software.

-   HDTS (Hanford Document Tracking System): Provide searches for
    document metadata not found in one of Hanford's "core" document
    systems such as Records Management Information System (RMIS). This
    system is considered a legacy system that no longer receives data
    input or updates.

-   JCS (Job Control System): Automated job control system used for
    controlling/releasing work and providing a comprehensive component
    database.

-   Maestro: Estimate the cost of the activities that make up the P3
    schedule.

-   MicroShield: Calculates the activity of a radioactive package based
    on the dose rate, or to determine the amount of shielding needed to
    achieve a desired dose rate based on a given radiation source.

-   Microsoft Project: Scheduling software used for planning and
    execution of the daily work.

-   PERF/SMRF or Performance Module: A software package that manipulates
    data from P3, for budget performance or baseline costs, into the
    proper format so that it may be loaded into HANDI.

-   Primavera (P3): Scheduling software used for budgetary and life
    cycle planning as well as tracking monthly progress.

-   RadCalc: Calculates the type of radioactive shipment that is
    required for a specific package (Limited Quantity, LSA, Type A,
    etc.).

-   RICS (Refueling Inventory Control System): Provides strict
    accountability of fueled and non‑fueled reactor components and other
    refueling support equipment as they are handled throughout the
    Reactor Refueling System.

-   RMIS (Records Management Information System): Site wide records
    management and archiving system.

-   SWITS (Solid Waste Information and Tracking System): Site wide
    database that keeps track of the disposition of waste and the drums
    used on site.

-   Symphony Decay Heat Program: Used to conduct decay heat surveillance
    required by the FFTF Technical Specifications.

\(c\) Monitoring

\(1\) Via contract, DOE monitors the Hanford environment to protect the
public safety and the Hanford Site ecological and cultural resources.
This includes providing real time localized weather information for
routine safety operations and emergency response, performing Hanford
Site and off-site environmental monitoring, as well as determining
radiological exposure to the public and the environment. The contractor
shall provide the required environmental data for the facilities and
operable units for which it is responsible in order to support Hanford
Site assessments and preparation of the Hanford Site Environmental
Report.

\(2\) DOE's groundwater monitoring contractor is also responsible for
the Hanford Site groundwater monitoring. The contractor will be
knowledgeable of the actions completed in order to develop monitoring
plans for the facilities and operable units for which the contractor has
responsibility.

\(d\) Property Disposition

Facilities and equipment under the responsibility of the contractor (see
Section J, Appendix 4) are determined to be excess and devalued to zero.
The facility and any associated property may be determined as waste. The
contractor shall submit to DOE for approval a plan in compliance with
the Site Management Contractor's Property disposition process to address
the disposition of this property.

\(e\) Stewardship

\(1\) The contractor shall follow the Hanford Cultural Resources
Management Plan, DOE/RL-98-10, Rev. 2, in protecting subsurface cultural
deposits uncovered during the course of the work specified in this
contract.

\(2\) The contractor shall support RL in fulfilling its responsibilities
under Executive Order 12580 and Subpart G of the National Contingency
Plan (40 CFR Part 300) as a trustee for natural resources. This support
shall include coordinating with the Hanford Natural Resource Trustee
Council (NRTC).

### H.7 INCUMBENT EMPLOYEES hiring preferences {#h.7-incumbent-employees-hiring-preferences .RFP-Clause-Title}

The Contractor shall use the transition period to make hiring decisions
and to establish the management structures necessary to conduct an
employee relations program. In establishing the initial work force, and
through the first six months after contract award, the Contractor shall
give a first preference in hiring for vacancies in non-managerial
positions in non-construction activities under this contract to
qualified employees employed by the incumbent contractor at contract
award. This hiring preference takes priority over the hiring preference
provided in Clause I.99, Displaced Employee Hiring Preference. It does
not apply to the contractor's hiring of management staff (i.e., first
line supervisors and above).

### H.8 pay AND BENEFITS {#h.8-pay-and-benefits .RFP-Clause-Title}

\(a\) Pay

> For employees employed by the incumbent contractor at contract
> transition who are offered and accept employment within six months of
> contract award, the contractor shall pay employees base salary/pay
> rates that are at least equivalent to the base salary/pay rates they
> are being paid at the time the contractor offers employment, if the
> position for which the employee is hired entails duties and
> responsibilities that are substantially equivalent to their prior
> positions with the incumbent contractor.
>
> If the base salary/pay rate that an employee is being paid by an
> incumbent contractor at the time the contractor offers them employment
> falls above the new maximum base salary/pay rate for their position,
> the following will apply:
>
> \- The employee shall continue to receive the same salary/pay rate
> paid by the incumbent contractor.
>
> \- The employee shall receive no base salary/pay adjustments until
> such time as the contractor's pay rate range is increased to exceed
> the employees base salary/pay rates.
>
> \- After the contractor's rate range is increased to exceed their base
> salary/pay rates, the employee shall be eligible for increases
> consistent with the contractor's base salary/pay rates.
>
> If the base salary/pay rates of incumbent employees at the time the
> contractor offers them employment fall below the minimum rate of the
> new base salary/pay rates in such circumstances, the incumbent
> employee shall have their salary/pay rate increased to reflect the new
> base rates.

\(b\) Pensions And Other Benefits

\(1\) Incumbent Employees Vested In The Hanford Site Pension Plan

PENSION BENEFITS

Incumbent employees, who are vested in the Hanford Site Pension Plan, at
the time of contract transition, shall be eligible and allowed to
continue participating in the Hanford Site Pension Plan for employment
during the first five years of this contract. Vested employees shall
retain credit for their prior Hanford service without the contract
transition constituting a break in service. The contractor shall become
a sponsor of the Hanford Site Pension Plan currently sponsored by the
incumbent contractor. The contractor shall timely supply the Plan
Administrator of the Hanford Site Pension Plan with all the information
which the Administrator determines to be necessary to administer the
plan effectively. Contributions to the Hanford Site Pension Plan as
determined by the Plan Administrator shall be allowable costs under this
contract. At contract completion, the contractor shall fully fund its
withdrawal liability under the Hanford Site Pension Plan.

The contractor shall coordinate with the Hanford Site Pension Plan
administrator to ensure the Department receives an annual reporting and
accounting of the contractor's pension obligations, pursuant to
Financial Accounting Standard (FAS) 87, for those employees
participating in the Hanford Site Pension Plan under this contract. The
Contractor shall coordinate with the Hanford Site Plan Administrator and
supply the Administrator with all the information necessary to maintain
the federal tax qualification of all Contractor and Hanford Site pension
plans.

At the end of five years, the Contractor shall allow employees to
participate in the Contractor pension system required in paragraph (3)
below.

OTHER BENEFITS

The Contractor shall become a sponsor of the Hanford Employee Welfare
Trust (HEWT) Plan. Employees vested in the Hanford Site Pension at the
time of transition shall be eligible to continue participation in the
HEWT Plan and receive medical and other benefits under the HEWT Plan
consistent with the terms of that Plan, as amended from time to time.
The contractor shall credit the length of service of employees who are
currently employed by the incumbent contractor and vested in the Hanford
Site Pension Plan at the time of transition who are hired for work under
this contract toward the service period required for benefits relating
to vacations, sick leave, health insurance, severance, layoff, recall
and other benefits.

The contractor will timely supply the Plan Administrator of the HEWT
Plan with all the information required by the Administrator necessary to
administer the plan effectively. Contributions into the HEWT Plan as
determined by the Administrator will qualify as allowable costs under
this contract.

The contractor will coordinate with the HEWT administrator to ensure the
Department receives an annual reporting and accounting of the
contractor's benefit obligations for those employees participating in
the HEWT under this contract.

For any vested employee electing not to participate in the HEWT Plan,
the contractor shall allow the employee to participate in the plan
offered to the incumbent employees not vested in the Hanford Site
Pension Plan at the time of transition.

\(2\) Incumbent Employees Not Vested In The Hanford Site Pension Plan

PENSION & BENEFITS

The contractor shall offer a market-based retirement and medical benefit
package competitive for the industry for incumbent employees not vested
in the Hanford Site Pension Plan. If the Contractor meets all applicable
legal and tax requirements, the Contractor may establish a separate line
of business pursuant to Internal Revenue Code (IRC) §410 and §414 for
the purpose of maintaining the federal tax qualification of pension
plans covering the contractor's employees.

Contractors shall develop and implement welfare benefit programs that
meet the tests of allowability and reasonableness established by Federal
Acquisition Regulations 31.205-6.

\(3\) Post-Contract Responsibilities For Pension And Benefit Plans

NO REPLACEMENT CONTRACTOR

If this contract expires or terminates without a replacement contractor,
the Contractor shall:

\- Continue as a plan sponsor of the existing pension plan and any
welfare benefit plans covering those vested employees (identified during
the transition period) as directed by DOE, at DOE's sole discretion, on
a funding basis acceptable to DOE.

\- Pension plan contribution and plan asset management costs will
continue to be allowable under this contract unless other arrangements
have been approved by the Contracting Officer.

\- DOE and the Contractor shall meet to determine the ultimate
disposition of all pension, post-retirement welfare, and post-employment
plans.

\- During the final 18 months of this contract, the Contracting Officer
shall provide written direction to the contractor regarding all
post-contract pension and welfare benefit plans.

### H.9 LABOR RELATIONS {#h.9-labor-relations .RFP-Clause-Title}

The contractor will respect the right of employees to self-organization
and to form, join, or assist labor organizations, to bargain
collectively through their chosen labor representatives, to engage in
other concerted activities for the purpose of collective bargaining or
other mutual aid or protection, and to refrain from any or all of these
activities.  The contractor shall develop and implement labor relations
policies that will promote orderly collective bargaining relationships,
equitable resolution of disputes, efficiency and economy in operations,
and the judicious expenditure of public funds.

Consistent with applicable labor law and regulations, the Contractor
shall recognize and bargain in good faith with the collective bargaining
representative of employees performing work that has historically and
traditionally been performed by Hanford Atomic Metal Trades Council
(HAMTC) members.  The contractor shall provide the Contracting Officer
with a copy of the collective bargaining agreement within 30 to 60 days
after formal ratification.

The contractor shall consult with the Contracting Officer prior to and
during the course of negotiations with labor unions, and during the term
of resultant contracts, on economic issues and other matters that have a
potentially significant impact on work rules, make-or-buy decisions, or
other matters that may cause a significant deviation from past customs
or practices.

The contractor shall promptly advise the Contracting Officer of, and
provide all appropriate documentation regarding any labor relations
developments at the prime or subcontract level that involve or appear
likely to involve:

\- Possible strike situations affecting the facility;

-    Referral to the Energy Labor-Management Relations Panel;

-     The National Labor Relations Board at any level;

-  Recourse to procedures under the Labor-Management Act of 1947 as
amended, or any other Federal or state labor law;

-     Any grievance that may reasonably be assumed to be arbitrated
under a Collective Bargaining Agreement.

> "Labor organization," as used in this clause, shall have the same
> meaning it has in 42 U.S.C. 2000e(d).

\(a\) Unless acting in the capacity of a constructor on a particular
project, the Contractor shall not --

\(1\) Require bidders, offerors, contractors, or subcontractors to enter
into or adhere to nor prohibit those parties from entering into or
adhering to agreements with one or more labor organizations, *i.e.*,
project labor agreements, that apply to construction project(s) relating
to this contract; or

\(2\) Otherwise discriminate against bidders, offerors, contractors, or
subcontractors for refusing to become or to remain signatories or to
otherwise adhere to project labor agreements for construction project(s)
relating to this contract.

\(b\) When the contractor is acting in the capacity of a constructor,
*i.e.*, performing a substantial portion of the construction with its
own forces, it may use its discretion to require bidders, offerors,
contractors, or subcontractors to enter into a project labor agreement
that the contractor has negotiated for that individual project. 

\(c\) Nothing in this clause shall limit the right of bidders, offerors,
contractors, or subcontractors to voluntarily enter into project labor
agreements.

A copy of the Hanford Site Stabilization Agreement is located at
[[http://www.hanford.gov/procure/solicit/rcc/pdf/Exhibit_H.pdf]{.underline}](http://www.hanford.gov/procure/solicit/rcc/pdf/Exhibit_H.pdf).

### H.10 WORKFORCE RESTRUCTURING {#h.10-workforce-restructuring .RFP-Clause-Title}

When the Contractor determines that a reduction of force is necessary,
the Contractor shall notify the Contracting Officer and seek approval,
if required under applicable Departmental guidance. The Contractor shall
provide such information as directed by the Contracting Officer to
enable compliance with section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 and any other Departmental
guidance pertaining to employees who may be eligible for provisions of
the Act. The Contractor shall comply with the Hanford Site Workforce
Restructuring Plan (as amended from time to time) and shall supply
workforce restructuring related information and reports as needed by the
Department. The Contractor shall extend displaced employee hiring
preference in accordance with Clause I. 99, Displaced Employee Hiring
Preference.

### H.11 AGE DISCRIMINATION {#h.11-age-discrimination .RFP-Clause-Title}

The Contractor shall not discriminate against any employee, applicant
for employment, or former employee on the basis of age. The Contractor
shall comply with the Age Discrimination in Employment Act, with any
state or local legislation regarding discrimination based on age, and
with all applicable regulations thereunder.

### H.12 Workers' Compensation {#h.12-workers-compensation .RFP-Clause-Title}

\(a\) Pursuant to State of Washington Revised Code (RCW) Title 51, the
Department of Energy (DOE), Richland Operations Office (RL) is a group
self-insurer for purposes of workers' compensation coverage. The
coverage afforded by the workers' compensation statutes shall, for
performance of work under this contract at the Hanford Site, be subject
to the following:

\(1\) Under the terms of a Memorandum of Understanding with the
Washington Department of Labor and Industries (L&I), DOE has agreed to
perform all functions required by self-insurers in the State of
Washington. The contractor is not required to pay for Workers'
Compensation coverage or benefits except as otherwise provided below or
as directed by the Contracting Officer.

\(2\) The contractor shall submit to DOE (or other party as designated
by DOE), for transmittal to the L & I, such payroll records as are
required by Workers' Compensation laws of the State of Washington.

\(3\) The contractor shall submit to DOE (or other party as designated
by DOE), for transmittal to the Department, the accident reports
provided for by RCW Title 51, Section 51.28.010, or any other
documentation requested by DOE or the L&I pursuant to the Workers'
Compensation laws of the State of Washington.

\(4\) The contractor shall take such action, and only such action, as
DOE requests in connection with any accident reports, including
assistance in the investigation and disposition of any claim thereunder
and, subject to the direction and control of DOE, the conduct of
litigation in the contractor's own name in connection therewith.

\(5\) Under RCW Title 51.32.073, DOE is the self-insurer and is
responsible for making quarterly payments to the L&I. In support of this
arrangement, the contractor is responsible for withholding appropriate
employee contributions and forwarding on a timely basis these
contributions plus the employer-matching amount to DOE.

\(6\) The workers' compensation program shall operate in partnership
with contractor employee benefits, risk management, and environmental,
safety, and health management programs. The contractor shall cooperate
with DOE for the management and administration of DOE, Richland
Operations Office (RL) self-insurance program that provides workers'
compensation benefit coverage to contractor employees under this
contract.

\(7\) The contractor must certify to the accuracy of the payroll record
used by the Department in establishing the self-insurance claims
reserves, and cooperate with any state audit.

\(8\) The contractor shall submit to the Contracting Officer, a yearly
evaluation and analysis of workers' compensation cost as a percent of
payroll compared with the percentage of payroll cost reported by a
nationally recognized Cost of Risk Survey that has been pre-approved by
the Department (once DOE has provided the contractor with the necessary
data to perform the analysis required in this paragraph).

\(9\) The contractor will provide statutory worker\'s compensation
coverage for staff members performing work under this contract outside
of the State of Washington and not otherwise covered by the State of
Washington worker\'s compensation laws.

\(10\) Subcontractor's performing work under this contract on behalf of
the contractor are not covered by the provision of the Agreement
referenced in (a)(1) of this clause. The contractor shall flow-down to
its subcontractors the requirement to provide statutory worker's
compensation coverage for the subcontractor's employees. The contractor
shall have no responsibility for subcontractor worker's compensation
when it includes this requirement in the subcontract.

### H.13 Administration of Subcontracts {#h.13-administration-of-subcontracts .RFP-Clause-Title}

\(a\) The administration of all subcontracts entered into and/or managed
by the contractor, including responsibility for payment hereunder, shall
remain with the contractor unless assigned at the direction of DOE.

\(b\) The Government reserves the right to direct the contractor to
assign to the Government or another any subcontract awarded under this
Contract.

\(c\) The contractor agrees to accept transfer of existing subcontracts
as determined necessary by DOE for continuity of operations. The
contractor shall attempt to negotiate changes to the assigned
subcontracts incorporating mandatory flow-down provisions at no cost. If
the subcontractor refuses to accept the changes or requests price
adjustments, the contractor will notify the Contracting Officer in
writing.

### H.14 Litigation Management {#h.14-litigation-management .RFP-Clause-Title}

\(a\) The contractor shall maintain or have access to a legal function
and demonstrate sound litigation management practices to include
litigation, arbitration, legal advice on environmental matters,
procurement, employment, labor, and the Price-Anderson Act (PAA); review
and interpretation of legislation and laws; and research and drafting of
memorandum. Within 60 days of contract award, the contractor shall
provide a legal management plan compliant with 10 CFR 719.

\(b\) The contractor shall provide support to the Government when judged
necessary by the Contracting Officer in cases of actual or threatened
litigation, regulatory matters, or third-party claims and subject to
applicable rules and regulations. Litigation support includes, but is
not limited to: case preparation assistance, document retrieval, review
and reproduction; witness preparation and testimony; expert witness
testimony; and assisting Government counsel as necessary in response to
discovery or other information related activities responsive to any
legal proceeding.

### H.15 Disposition of Intellectual Property - Failure to Complete Contract Performance {#h.15-disposition-of-intellectual-property---failure-to-complete-contract-performance .RFP-Clause-Title}

The following provisions shall apply in the event the contractor does
not complete contract performance for any reason:

\(a\) Regarding technical data and other intellectual property, DOE may
take possession of all technical data, including limited rights data and
data obtained from subcontractors, licensors, and licensees, necessary
to complete the project, as well as the designs, operation manuals,
flowcharts, software, information, etc., necessary for performance of
the work, in conformance with the purpose of this contract. Proprietary
data will be protected in accordance with the limited rights data
provisions of the Rights in Data clause of Section I.

\(b\) The contractor agrees to and does hereby grant to the Government
an irrevocable, non-exclusive, paid-up license in and to any inventions
or discoveries regardless of when conceived or actually reduced to
practice by the contractor, and any other intellectual property,
including technical data, which are owned or controlled by the
contractor, at any time through completion of this contract and which
are incorporated or embodied in the construction of the facilities or
which are utilized in the operation or remediation of the facilities or
which cover articles, materials or products manufactured at a facility,
(1) to practice or to have practiced by or for the Government at the
facility, and (2) to transfer such license with the transfer of that
facility. The acceptance or exercise by the Government of the aforesaid
rights and license shall not prevent the Government at anytime from
contesting the enforceability, validity or scope of, or title to, any
rights or patents or other intellectual property herein licensed.

\(c\) In addition, the contractor will take all necessary steps to
assign permits, authorizations, leases, and any licenses in any third
party intellectual property for operations, remediation and closure of
the facilities to DOE or such other third party as DOE may designate.

### H.16 Determination of Appropriate Labor Standards {#h.16-determination-of-appropriate-labor-standards .RFP-Clause-Title}

DOE shall determine the appropriate Labor Standards in accordance with
the Davis-Bacon Act, the Service Contract Act, or any other applicable
labor laws which shall apply to work performed under this contract.
Where requested by DOE, the contractor shall provide whatever
information is relevant to labor standards determinations, in the form
and timeframe required by DOE, as may be necessary by DOE to make such
labor standards determinations. Once a determination is made, the
contractor is responsible for compliance with the determination and
incorporating applicable labor standard requirements into subcontracts.
Any wage determinations under the Service Contract Act applicable to
employees of the contractor will be added to the contract prior to the
performance of the covered work, consistent with the provision of the
clause entitled "Service Contract Act of 1965" in Section I.

### H.17 Price-Anderson Amendments Act Non-Compliance {#h.17-price-anderson-amendments-act-non-compliance .RFP-Clause-Title}

The contractor shall establish an internal Price Anderson Amendments Act
(PAAA) noncompliance identification, tracking and corrective action
system and shall provide access to and fully support DOE reviews of the
system. The contractor shall also implement a PAAA reporting process
which meets applicable DOE standards. The contractor shall be
accountable for ensuring subcontractors adhere to the PAAA requirements.

### H.18 Contractor Acceptance of Notices of Violation or Alleged Violations, Fines, and Penalties {#h.18-contractor-acceptance-of-notices-of-violation-or-alleged-violations-fines-and-penalties .RFP-Clause-Title}

\(a\) The contractor shall accept, in its own name, service of notices
of violation or alleged violations (NOVs/NOAVs) issued by Federal or
State regulators to the contractor resulting from the contractor's
performance of work under this Contract, without regard to liability.
The allowability of the costs associated with fines and penalties shall
be subject to the other provisions of this Contract.

\(b\) The contractor shall notify DOE promptly when it receives service
from the regulators of NOVs/NOAVs and fines and penalties.

### H.19 Allocation of Responsibilities for Contractor Environmental Compliance Activities {#h.19-allocation-of-responsibilities-for-contractor-environmental-compliance-activities .RFP-Clause-Title}

\(a\) This clause allocates the responsibilities of DOE and the
contractor, referred to collectively as the "parties" for implementing
the environmental requirements at facilities within the scope of the
Contract. In this clause, the term "environmental requirements" means
requirements imposed by applicable Federal, State, and local
environmental laws and regulations, including, without limitation,
statutes, ordinances, regulations, court orders, consent decrees,
administrative orders, or compliance agreements including the *Hanford
Federal Facility Agreement and Consent Order*, consent orders, permits,
and licenses.

\(b\) Liability and responsibility for civil fines or penalties arising
from or related to violations of environmental requirements shall be
borne by the party causing the violation irrespective of the fact that
the cognizant regulatory authority may assess any such fine or penalty
upon either party or both parties without regard to the allocation of
responsibility or liability under this Contract. This contractual
allocation of liability for any such fine or penalty is effective
regardless of which party signs permit applications, manifests, reports,
or other required documents, is a permittee, or is the named subject of
an enforcement action or assessment of a fine or penalty.

\(c\) Regardless of which party to this contract is named subject of an
enforcement action for noncompliance with environmental requirements by
the cognizant regulatory authority, provisions of this contract related
to allowable costs will govern liability for payment of any fine or
penalty. If the named subject of an enforcement action or assessment of
a fine or penalty is DOE and the fine or penalty would not otherwise be
reimbursable under the allowable cost provisions of this contract if the
contractor was the named subject of the enforcement action, the
contractor will either pay the fine or penalty or reimburse DOE (if DOE
pays the fine or penalty).

### H.20 Invoiced Amounts {#h.20-invoiced-amounts .RFP-Clause-Title}

In addition to the information required by other sections of this
contract, the contractor shall provide incurred cost data coded in a DOE
defined format via computer. This incurred cost data must be fully
edited against DOE codes such as B&R codes. The contractor shall deliver
the fully edited incurred cost data to DOE on the same day the payment
is requested unless directed otherwise by DOE.

### H.21 FEE REDUCTION FOR CHANGES IN Key Personnel  {#h.21-fee-reduction-for-changes-in-key-personnel .RFP-Clause-Title}

Key personnel are considered to be essential to the work being performed
on this contract. Prior to diverting to other positions or substituting
any of the specified Key individuals, or proposing them as a Key person
under another contract, the contractor shall notify the Contracting
Officer in writing reasonably in advance, not to exceed thirty (30) days
in advance and shall submit justification (including proposed
substitutions) in sufficient detail to permit evaluation of the impact
on the work being performed under this contract. No diversion or
substitution shall be made by the contractor without the written consent
of the Contracting Officer, provided that the Contracting Officer may
ratify in writing such diversion or substitution and such ratification
shall constitute the consent of the Contracting Officer required by this
clause. Unless approved in writing by the Contracting Officer, no key
personnel position will remain unfilled by a permanent replacement for
more than 60 days. The key personnel list shall be amended during the
course of the contract to add or delete key personnel as appropriate and
approved by the Contracting Officer.

Anytime the overall FFTF Closure Project Manager is replaced or removed
for any reason under the contractor's control within two (2) years of
being placed in the position, fee will be reduced by \$500,000. In
addition, each time any of the other Key Personnel proposed are replaced
or removed for any reason under the contractor's control within two (2)
years of being placed in the position, fee will be reduced by \$250,000
for each removed or replaced individual.

The contractor may request, in writing, that the Contracting Officer
waive all or part of a reduction, if special circumstances exist. The
Contracting Officer shall have sole unilateral discretion to waive or
not waive all or part of a reduction.

The following is a list of key personnel for this contract:

> [Name]{.underline} [Position]{.underline}

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

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

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

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

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

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

### H.22 Alternative Dispute Resolution {#h.22-alternative-dispute-resolution .RFP-Clause-Title}

\(a\) The U.S. Department of Energy (DOE) and the contractor both
recognize that methods for fair and efficient resolution of significant
disputes are essential to the successful and timely achievement of
critical milestones and completion of all Contract requirements.
Accordingly, the parties agree to:

\(1\) Participate in a partnering workshop to be conducted by an
experienced professional jointly agreed upon by the parties and,

\(2\) Jointly select a "standing neutral" within 30 days of completion
of the partnering workshop. The "standing neutral" will be available to
help resolve disputes as they arise. Such "standing neutral" can be an
individual, a board comprised of three independent experts, or a company
with specific expertise in the Contract area. If a "standing neutral"
cannot be agreed upon, the DOE Office of Dispute Resolution will make a
selection. The specific ADR processes and procedures, as well as the
processes for selecting the "standing neutral" will be determined at the
partnering workshop.

\(b\) The parties agree the following provision may be invoked for
significant disputes upon mutual agreement of the DOE and the
contractor:

\(1\) DOE and the contractor shall use their best efforts to informally
resolve any dispute, claim, question, or disagreement by consulting and
negotiating with each other in good faith, recognizing their mutual
interests and attempting to reach a just and equitable solution
satisfactory to both parties. If any agreement cannot be reached through
informal negotiations within 30 days after the start of negotiations,
then such disagreement shall be referred to the "standing neutral,"
pursuant to the procedures jointly developed in the partnering workshop.

\(2\) The "standing neutral" will not render a decision, but will assist
the parties in reaching a mutually satisfactory agreement. In the event
the parties are unable after 30 days to reach such an agreement, either
party may request, and the neutral will render, a non-binding advisory
opinion. Such opinion shall not be admissible in evidence in any
subsequent proceedings.

\(c\) If one party to this contract requests the use of the process set
forth in paragraphs b(1) and b(2) of this clause and the other party
disagrees, the party disagreeing must express its position in writing to
the other party. On any such occasion, if the party requesting the above
process wishes to file a claim under the "Disputes" clause in Section I,
it must do so within 30 days of receipt of the written position from the
other party.

### H.23 Successor Contractor {#h.23-successor-contractor .RFP-Clause-Title}

In the event the contractor becomes a "successor contractor," the
contractor and/or its team members agrees to recognize and bargain in
good faith with the certified collective bargaining agent(s) (currently
Hanford Atomic Metal Trades Council) for the incumbent represented
workforce, subject to and in compliance with the National Labor
Relations Act requirement with respect to successor contracts.

### H.24 Lobbying Restriction (Energy and Water Development Appropriations Act, 2003) {#h.24-lobbying-restriction-energy-and-water-development-appropriations-act-2003 .RFP-Clause-Title}

The contractor agrees that none of the funds obligated on this award
shall be expended, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as described
in 18 U.S.C. 1913. This restriction is in addition to those prescribed
elsewhere in statue and regulation.

### H.25 Notice Regarding the Purchase of American-Made Equipment and Products-Sense of Congress {#h.25-notice-regarding-the-purchase-of-american-made-equipment-and-products-sense-of-congress .RFP-Clause-Title}

It is the sense of Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available under
this award should be American-Made.

### H.26 UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION (UCNI) {#h.26-unclassified-controlled-nuclear-information-ucni .RFP-Clause-Title}

Documents originated by the contractor or furnished by the DOE to the
contractor in connection with this contract may contain Unclassified
Controlled Nuclear Information as determined pursuant to Section 148 of
the Atomic Energy Act of 1954, as amended. The contractor shall be
responsible for protecting such information from unauthorized
dissemination in accordance with DOE Regulations and Directives.

### H.27 PERMITS, APPLICATIONS, AND LICENSES {#h.27-permits-applications-and-licenses .RFP-Clause-Title}

\(a\) Except as directed by the CO, the contractor shall, on behalf of
the DOE, procure and execute all necessary permits or licenses. The
contractor shall abide by all applicable laws, regulations, and
ordinances of the United States and of the state, territory, and
political subdivision in which the work under this contract is
performed. The contactor shall accept assignment of permits currently
held by DOE and its existing operating contractor.

\(b\) The contractor shall sign environmental permits and applications
as "operator" if deemed appropriate by DOE. The contractor shall submit
all reports required by permits directly to DOE to forward to the
regulatory agencies unless otherwise directed by the CO.

### H.28 certifications and other statements of the offeror {#h.28-certifications-and-other-statements-of-the-offeror .RFP-Clause-Title}

> The Representations, Certifications, and Other Statements of the
> offeror submitted with the offer for this contract are, by reference,
> hereby incorporated in and made a part of this contract.