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May 18, 2023 2DB00-KMM-14-030

Dear Prospective Offeror:

SOLICITATION 273299: Closure Plan Preparation for Waste Management Area C Closure

Washington River Protection Solutions, LLC (WRPS) requests proposals for the subject scope of work. . The requested work is in support of WRPS’s Prime Contract DE-AC27-08RV14800 with the U.S. Department of Energy, Office of River Protection.

Information regarding the submission of a proposal is contained in the attached Solicitation.

The proposal is due by 2:00 p.m. on January 8, 2015 as indicated in Section 2.1 of this solicitation.

WRPS looks forward to your response.

Very truly yours,

Kara Martin, Sr. Procurement Specialist

Attachment

SOLICITATION 273299CONTENTS

PART A – SOLICITATION...........................................................................................................31.0 Introduction..................................................................................................3

1.1 Buyer Not Obligated – Irregularities and Notifications...............................31.2 Solicitation Amendments.............................................................................3

2.0 Proposal Submittal – eSourcing Event (sealed bid).....................................32.1 Deadline.......................................................................................................42.2 Identification and Delivery..........................................................................42.3 Withdrawal...................................................................................................42.4 Notification of Intent to Propose..................................................................42.5 Questions/Comments Regarding the Solicitation........................................4

3.0 Basis for Award...........................................................................................43.1 Qualification Standards................................................................................53.2 Evaluation Criteria.......................................................................................5

4.0 Proposal Instructions....................................................................................74.1 General Proposal Requirements...................................................................74.2 Acceptance of Terms and Conditions........................................................114.3 Proposal Validity Period............................................................................11

5.0 Notices.......................................................................................................115.1 Identification of Proprietary Data..............................................................115.2 Financial Capability Determination Information.......................................115.3 Availability of Funds.................................................................................115.4 Employment Eligibility Verification (E-Verify).......................................125.5 North American Industry Classification System (NAICS) Code and Size Standard.................................................................................................................12

PART B – SOLICITATION EXHIBITS......................................................................................13EXHIBIT 1. PRICE PROPOSAL FORM.............................................................14EXHIBIT 2. COST ACCOUNTING STANDARDS NOTICES AND

CERTIFICATION.....................................................................................19EXHIBIT 3. ORGANIZATIONAL CONFLICT OF INTEREST

CERTIFICATION AND DISCLOSURE..................................................23EXHIBIT 4. PAST PERFORMANCE..................................................................25EXHIBIT 5. PROPOSED LOWER-TIER SUBCONTRACTORS......................26EXHIBIT 6. AGREEMENT EXCEPTIONS........................................................27EXHIBIT 7. VENDOR ESH&Q QUESTIONNAIRE.........................................28EXHIBIT 8. MASTER SUBMITTAL REGISTER (MSR).................................31

SEE FILE ATTACHED................................................................................................................31PART C – MODEL SUBCONTRACT.........................................................................................32

SOLICITATION NO: 273299

PART A – SOLICITATION

1.0 Introduction

Washington River Protection Solutions, LLC (WRPS) acting under its contract with the U.S. Department of Energy – Office of River Protection, requests Offeror to submit a proposal for a Blanket Master Agreement under which Labor Hour/Time and Material type of subcontract tasks (releases) will be issued to provide closure plans, technical documents, and/or closure planning support for Waste Management Area C (WMA C) at the Hanford Tank Farms. Part A of this Solicitation describes the proposal submittal requirements, instructions, and applicable exhibits/certifications. Part B contains all of the solicitation exhibits. Part C is the Model Subcontract, which contains all of the terms and conditions, attachments, and references that will govern performance of the work.

1.1 Buyer Not Obligated – Irregularities and Notifications

WRPS is not obligated to pay any costs incurred in the preparation and submission of Offeror’s proposal, nor required to enter into a subcontract or any other arrangement with Offeror.

1.2 Solicitation Amendments

The Procurement Specialist may issue one or more amendments to the solicitation to make changes or to resolve any problems regarding the solicitation. The Procurement Specialist will issue the amendment in time for prospective Offerors to incorporate any changes into their proposals. If this solicitation is amended, then all terms and conditions that are not amended will remain unchanged.

2.0 Proposal Submittal – eSourcing Event (sealed bid)

This Solicitation requires all Offerors submitting proposals to access the Supply Chain Management Center (SCMC) eSourcing Tool. The SCMC eSourcing Tool is designed to collect information in a central location.

Upon receipt of Offeror’s notification of intent to propose (see Section 2.4), WRPS will provide the Offeror an email notification with a link to the SCMC eSourcing event including access instructions. Offerors will be afforded the opportunity to preview the application and place information prior to the commencement of an event. This preview phase is called the pre-bid period. At the conclusion of the pre-bid period, the eSourcing event will commence and the Offeror should review their submitted information to ensure it is compliant with requirements. For this event, the tool will not disclose the Offeror’s proposed price or other information to other Offerors. The purpose of using the eSourcing tool is to collect all proposals in a common location.

This Solicitation and resultant award is considered a negotiated procurement. Submitting the lowest priced proposal does not guarantee award per Section 3.0. WRPS must complete a full technical evaluation prior to making an award determination.

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WRPS reserves the right to conduct negotiations prior to award or to award a Subcontract based upon initial offers and without further discussions.

In the unlikely event of a discrepancy among any of the Offeror’s documents or information submitted through the eSourcing website, the information received and confirmed by WRPS shall govern.

2.1 Deadline

The proposal is due by 2:00 p.m. on January 8, 2014.

2.2 Identification and Delivery

Procurement Specialist Contact Information:

Name: Kara MartinPhone Number: (509) 376-1083Fax Number: (509) 376-0825Email Address: [email protected]

2.3 Withdrawal

Offeror may withdraw its proposal by written or electronic notice received at any time prior to award.

2.4 Notification of Intent to Propose

WRPS requests that each prospective Offeror notify the procurement specialist by email no later than January 2, 2015 whether the Offeror intends to submit a proposal in response to this Solicitation. The Offeror may transmit the notification to the Procurement Specialist via e-mail per Section 2.2.

2.5 Questions/Comments Regarding the Solicitation

The Offeror must submit any comments or questions regarding the solicitation to the Procurement Specialist no later than January 2, 2015. The Offeror shall transmit questions and comments via e-mail per Section 2.2 above. The Procurement Specialist will answer all questions in writing for the benefit of all prospective Offerors.

3.0 Basis for Award

Award shall be made to the Offeror whose proposal contains the combination of those criteria offering the best overall value to WRPS and the Government. This will be determined by comparing differences in the value of technical and management features with differences in price to WRPS.

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Subcontract award may be made on the initial offers received, without discussions. Therefore, initial proposals should contain the Offeror's best price and technical terms.

There will be no public opening of proposals. Offerors will be advised when source selection has been made.

3.1 Qualification Standards

It is WRPS’s policy to offer the opportunity to compete for its procurements as broadly as is consistent with the nature of each procurement. However, in view of the distinctive characteristics of WRPS’s programs, those potential offerors who do not possess the minimum qualifications and resources necessary to perform the proposed work are not encouraged to incur proposal and other expenses involved in competitive submissions. The following Qualification Standards must be met in their entirety in order for the Offeror to be considered for award.

3.1.1 Prior Experience - Company

Offerors shall have prior experience in the following areas:

Successfully completing Hanford Site RCRA Closure Plans and other supporting documents that have been approved by DOE and/or the regulators.

Experience with DOE Order 435.1 and development of RCRA Closure Plans and supporting documents.

Developing engineering conceptual designs for closure activities as required for RCRA and DOE 435.1 closure plans.

3.1.2 Prior Experience – Personnel

Offeror’ proposed lead personnel/individuals shall have prior experience in the following areas:

At least 10 years of experience in RCRA Closure or other Statutory Cleanup activities. Facilitating closure and/cleanup planning meetings with DOE and regulators is desired. An established record for working with regulators (Washington State Department of Ecology

is required).

3.1.3 Quality Assurance Program

The Offeror shall have a documented and implemented quality assurance program which is consistent with the applicable criteria as described in the Statement of Work.

3.1.4 Local Office

The Offeror shall have and maintain an office within the local vicinity of the Hanford site. Local vicinity is defined as Benton, Franklin and Yakima counties in the State of Washington.

3.2 Evaluation Criteria

WRPS will award this procurement to the responsible Offeror whose offer conforms to the requirements of this Solicitation and provides the most advantageous technical and cost proposal

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to WRPS and the Government. The following evaluation criteria form the basis by which each Offeror's proposal is to be evaluated.

Listed below are the factors that will be used in determining award. For evaluation purposes, the combined Technical/Management Evaluation Criteria is weighted 70% out of a maximum 100%. The Technical Comprehension The Technical Comprehension evaluation criterion is assigned the highest level of significance followed by Closure Plan Experience at Hanford and/or Other Government Sites.

3.2.1 Technical/Management Evaluation Criteria

1. Technical Comprehension – This factor refers to the Offeror’s understanding of the closure plan requirements under Hanford Federal Facility and Consent Order (HFFACO), RCRA, and DOE Order 435.1 as they apply to the Single-Shell Tank (SST) System Waste Management Area C at Hanford. The Offeror’s technical expertise in evaluating a range of potential closure options prior to selection and description in closure plans is also included in this criterion. The Offeror’s technical experience shall span the various disciplines required to produce compliant closure plans including: regulatory compliance expertise for ensuring the closure plan meets requirements; chemistry/radiochemistry for assessing characterization needs in components and describing nature and extent of contaminants remaining in structures; engineering for assessment of individual closure actions necessary to mitigate risk (risk information will be provided by WRPS) and for producing conceptual designs for activities, notably retrieval actions, grout delivery, placement, and component isolation, and surface barrier composition, sizing, and placement, and post closure maintenance and monitoring. 2. Company Experience at Hanford and/or Other Government Sites – This criterion refers to the Offeror’s experience with working at the Hanford Site and/or other DOE sites where multiple contractors, regulators, and stakeholders are involved. Knowledge of the history of closure planning at SST/WMA C, including previously completed HFFACO milestone and internal conceptual design documents will be evaluated more positively.

3.2.2 Price Evaluation Criteria

WRPS will perform an analysis and review of the Offeror’s price cost data. The lowest proposed price to WRPS will be considered most favorable. The proposed price to WRPS for each Offeror will be compared to the lowest proposed price and considered less favorable by an amount proportionate to the ratio derived from that comparison.

In consideration of the mission of WRPS to encourage and expand the use of small businesses, WRPS, for proposal evaluation purposes only, will discount the pricing of all proposals from Offeror’s that are considered small businesses. WRPS will calculate a price differential adjustment to prices offered by five percent (5%) if the offer is from a small business. To be considered a small business the Offeror must meet the criteria for small businesses established in “North American Industrial Classification Standard (NAICS)”. Please see Section 5.4 for the NAICS classification for this solicitation.

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4.0 Proposal Instructions

4.1 General Proposal Requirements

Organize the proposal as outlined below. Prepare the proposal simply and economically and provide a straightforward and concise presentation of the information requested in the Solicitation Request. Proposals submitted electronically must consist of separate files for the Technical Proposal and the Business and Price Proposal.

4.1.1 Volume I – Technical Proposal

The evaluation criteria identified in Section 3 will be used to determine the Offeror’s understanding of the work to be performed, the Offeror’s qualifications to perform this work, and the acceptability of the proposed technical and management approach.

In order for the proposal to be evaluated strictly on the merit of the technical and management material submitted, no contractual cost or pricing information shall be included in this volume of the proposal.

The proposal shall describe the proposed technical and management approach in sufficient detail to ensure that the requirements of the Statement of Work (SOW) are met. Simply repeating the SOW requirements or merely offering to perform the work may result in a lower evaluation or the offer being determined technically unacceptable.

4.1.1.1 Technical Comprehension

The Offeror must discuss the proposed technical approach in sufficient detail to allow assessment of the Offeror’s understanding of the requirements and objectives of numerical modeling and scoping calculation and the soundness of their approach to completing the work. The Offeror’s proposal must thoroughly describe how the work will be accomplished to satisfy the SOW requirements.

4.1.1.2 Personnel Qualifications

The Offeror shall identify the key personnel proposed to manage and perform the technical segments/aspects of the work. Resumes shall be provided for all key personnel. The resumes must clearly describe the individual’s education (level, major, and year degree received), the experience (general and relevant work experience), and professional credentials (including professional publications and memberships).

4.1.1.3 Company Experience

The Offeror shall discuss the Offeror’s prior record, including any proposed subcontractors, in performing services or delivering services/projects similar in size, content, and complexity to those required in this Solicitation. The Offeror shall specifically address the role any of the proposed key personnel played in the successful execution of the projects described in this section. The Offer shall also provide documentation that demonstrates compliance with Section 3.1.1.

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4.1.1.4 Local Office

The Offeror shall provide a detailed description of their local office including the amount of the planned work that would be performed out of the local office. The Offeror shall provide the available resources both in labor and equipment and the office’s location relative to Hanford.

4.1.1.5 Past Performance

The Offeror shall complete the Past Performance form (Exhibit 3) with references for at least three subcontracts that are on-going or have been completed within the recent (within the last five years) past. Note: Information gained elsewhere by WRPS can also be used as part of the evaluation.

4.1.2 Volume II – Business and Price Proposal

4.1.2.1 Price Proposal

WRPS anticipates an estimated expenditure of $560,000 for Government Fiscal Year (GFY) 2015 support work. It is expected that this level of effort will remain constant throughout the next option year.

Task Proposals

The Offeror shall provide a sample labor hour/time and material ceiling price proposal utilizing Fiscal Year 2015 labor rates as identified on the Labor Rate Price Schedule (Exhibit 1). A separate Price Proposal Form shall be submitted for each of the 3 tasks outlined below. WRPS provides the following information as a basis for establishing a sample task pricing proposal. Offerors shall consider this information when preparing their task proposal pricing information. Offerors shall include all applicable labor categories/names that are consistent with their normal business practices for accomplishing the work. The level of effort provided below is only a guideline to be used in the proposal effort. Proposal shall not be less than the total hours stated below for each discipline. Note, that in addition to the anticipated labor, each Offeror shall indicate in their sample task proposal any anticipated Other Direct Costs (travel, office consumables, materials, etc.) that might be reasonably anticipated to be charged to a task.

Closure Plans – WRPS anticipates an estimated expenditure of 1,440 hours for each individual closure plan that is developed and finalized. This is based on a a level of effort that is typically seen on Tier 3 Closure Plans and is broken down as follows:

Project Management – 140 hoursCivil/Chemical and Other Engineering – 1,250 hoursTechnical Editing/Administrative Assistance – 50 hours

Technical Documents Supporting Closure – WRPS anticipates an estimated expenditure of 3,410 hours for each individual technical document that is developed. This is based on a total level of effort that has been typically found on Initial Draft, Final Draft, and Final Waste Incidental to Reprocessing (WIR) Basis Documentation and broken down as follows:

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Project Management – 360 hoursCivil/Chemical and Other Engineering – 2,450 hoursTechnical Editing/Administrative Assistance – 600 hours

Closure Planning Support – WRPS anticipates an estimated expenditure of 280 hours for each individual support that is utilized. This is based on a typical closure planning support that includes researching of technical options and support of meetings with regulators at a level of effort that is typically broken down as follows:

Project Management – 30 hoursCivil/Chemical and Other Engineering – 240 hoursTechnical Editing/Administrative Assistance – 10 hours

Labor Rates

In addition to the sample labor hour/time and material ceiling price proposals above, each Offeror shall provide a separate pricing schedule with the Offeror’s fully burdened labor rates only. The purpose of this pricing schedule is to establish rates with the Offeror for any subcontract tasks and modifications including the enacting of options under the resultant subcontract. The proposed labor rates for the base year shall be consistent with the sample task proposals established above.

A fully burdened labor rate is defined as an hourly rate inclusive of wage or salary rate, fringe, all applicable overhead(s), taxes and profit.

Standard payment terms are Net 30. Price Proposals will be evaluated for realism.

4.1.2.2 General & Administrative (G&A) Overhead

If the Offeror’s normal or government approved accounting practice is to apply G&A to Other Direct Costs such as subcontractors, material, or travel, the Offeror shall provide the applicable G&A rate. If a G&A rate is proposed, the Offeror shall provide documentation showing that this is their normal or government approved accounting practice including a breakdown of all cost el-ements included in their G&A pool.

Also address what ODCs the G&A will apply to (e.g. Travel, Subcontractors, etc.).

4.1.2.3 Direct Pay Permit Taxes

The WRPS Direct Pay Permit will not apply to the resultant subcontract/purchase order. Therefore, the Offeror’s price shall include all applicable Federal, State, county, municipal, or other taxes. For information relating to Sales and Use Tax in Washington State please reference the following website: http://dor.wa.gov/content/home/

Offeror shall list separately, in its price proposal, any such tax applicable to any goods/service payable by WRPS.

4.1.2.4 Representations and Certifications

WRPS requires the electronic submission of the Representations and Certifications through its vendor registration web site. To start the submission, the Offeror will need to be registered with

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http://www5.hanford.gov/vendreg/New_requirements.html

http://dor.wa.gov/content/home/


WRPS and have obtained a vendor identification number and form number (password). If assistance is required, please contact WRPS Contract Support at [email protected]

For this solicitation, an Offeror is required to have an electronic Representations and Certifications on file with WRPS for the North American Standard Coding System (NAICS) code identified in the paragraph entitled “North American Industry Classification System (NAICS) Code and Size” below per Section 5.5. The certification for this specific NAICS code will be valid for twelve (12) months from its submission unless your firm’s business conditions change and an updated Representations and Certification submission is then required to be submitted electronically.

4.1.2.5 Timekeeping System

The Offeror shall provide documentation to substantiate that it has an adequate timekeeping system. Specifically, the documentation must establish that the Offeror’s timekeeping is sufficient to track hours by individual, by project, and/or cost objective.

4.1.2.6 Subcontracting Plan

In accordance with Federal Acquisition Regulation (FAR) 52.219-9, proposals from Large Business Concerns whose cumulative proposal value (basic contract and all options) is in excess of $650,000 submitted in response to this solicitation shall include a Subcontracting plan, which separately addresses subcontracting with Small Business Concerns, Veteran-Owned Small Business Concerns, Service-Disabled Veteran-Owned Small Business Concerns, HUBzone Small Business Concerns, Small Disadvantaged Business Concerns and Small Women-owned Business Concerns with separate statements and goals for the basic Contract and for each option (if any). The plan shall be included in and made a part of the resultant Contract.

The subcontracting plan shall be negotiated within the time specified by the Buyer. Failure to submit and negotiate a subcontracting plan shall make the Offeror ineligible for award of a subontract.

4.1.2.7 Additional Information

In order for WRPS to adequately evaluate the proposal, some additional information is required. Please complete and return all forms and documents listed below:

Cost Accounting Standards Notices and Certification (Exhibit 2)

Organizational Conflict of Interest Disclosure (Exhibit 3)

Past Performance Data Form (Exhibit 4)

Proposed Lower-Tier Subcontractors (Exhibit 5)

Agreement Exceptions (Exhibit 6)

ESH&Q Questionnaire (Exhibit 7)

Master Submittal Register (MSR) (Exhibit 8)

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mailto:[email protected]


4.2 Acceptance of Terms and Conditions

The subcontract resulting from this Solicitation will be substantially the same as the Model Subcontract that is contained in Part C of the Solicitation. Unless otherwise noted in the proposal, Offeror’s submission of a proposal signifies unqualified acceptance of all of the technical requirements and other terms and conditions of the subcontract that are contained in or referenced in this Solicitation.

4.2.1 Exceptions to Technical Requirements and Other Terms and Conditions

Offeror must describe any exceptions (on the Agreement Exceptions form in Part B of this Solicitation) to the technical requirements and other terms and conditions of the Model Subcontract in Part C on which the proposal is based. WRPS considers compliance with the technical requirements and terms and conditions of the Subcontract to be essential. In case of doubt, Offeror should request clarification from the Procurement Specialist. If any exceptions are taken to the requirements of the Solicitation, the pricing shall be based on the requirements of the Solicitation and the exception(s) priced as alternates. If the proposal is based only on the proposed exceptions, WRPS may determine the proposal to be non-responsive.

4.3 Proposal Validity Period

Offeror’s proposal shall remain firm for 60 days after the proposal due date.

5.0 Notices

5.1 Identification of Proprietary Data

If the Offeror submits any data which it considers proprietary data as part of its proposal, the document transmitting the data or which contains the data, shall be boldly marked indicating that the data included is considered to be proprietary.

5.2 Financial Capability Determination Information

WRPS reserves the right, prior to award, to require Offeror to submit information which WRPS will use to make a determination whether Offeror has the financial capability to perform the contemplated subcontract. Such information may include, but not be limited to: annual reports; lines of credit with financial institutions and suppliers; and any other information that may be required to make the appropriate determination.

5.3 Availability of Funds

Funds are not presently available for this Subcontract. WRPS’s obligation under this Subcontract is contingent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of WRPS for any payment may arise until funds are made available to WRPS for this Subcontract and until WRPS receives notice of such availability, to be confirmed in writing by WRPS.

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5.4 Employment Eligibility Verification (E-Verify)

WRPS anticipates that this award will be subject to the Employment Eligibility Verification requirements established in Federal Acquisition Regulations (FAR) clause 52.222-54.which requires the successful Offeror to enroll and utilize the E-Verify program. Enrollment is done via the Internet at the Department of Homeland Security Web site at http://www.dhs.gov/E-Verify. This requirement is applicable to all awards that are more than $3,000 and not considered a commercial item as defined in FAR Part 2.101.

WRPS reserves the right, prior to award, to require Offeror to submit information which WRPS will use to make a determination whether Offeror has successfully enrolled in the E-Verify program. Such information may include a copy of the last three (3) pages of the enrollment form (i.e. pages 11, 12, and 13) and any other information that may be required to make the appropriate determination.

5.5 North American Industry Classification System (NAICS) Code and Size Standard

The Buyer has determined that North American Industry Classification System (NAICS) Code 541620 applies to this acquisition. Therefore, the size standard for determining whether an Offeror is a small business in regard to this solicitation is $15.0M in average annual receipts.

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http://www.dhs.gov/E-Verify


PART B – SOLICITATION EXHIBITSExhibit Description

1 Price Proposal Form

2 Cost Accounting Standards Notices and Certification

3 Organizational Conflict of Interest Disclosure

4 Past Performance Data Form

5 Proposed Lower-Tier Subcontractors

6 Agreement Exceptions

7 ESH&Q Questionnaire

8 Master Submittal Register (MSR)

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EXHIBIT 1. PRICE PROPOSAL FORM

Closure Plans

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PRICE PROPOSAL FORM

Technical Documents Supporting Closure

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PRICE PROPOSAL FORM

Closure Planning Support

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INSTRUCTIONS FOR COMPLETING COMPENSATION SCHEDULE

A. The Offeror shall provide a subcontract price breakdown detailing, at a minimum, the individuals or labor category performing the work, the number of hours proposed, and the fully burdened labor rates. The Offeror’s price shall also include any estimated Other Direct Costs associated with performance of the work.

B. The Price Proposal Form is a Word Document that has Excel worksheets embedded in it. To use the Excel portion of the document, double-click on any of the grayed areas. The form may be converted to a Subcontract Compensation Schedule if the Tank Operating Contractor (WRPS) makes an award.

C. Under “Labor,” enter the proposed names or labor categories as well as the estimated hours, and fully burdened rates. Lines in the spreadsheet can be added or deleted as needed. The totals are automatically computed.

D. Under “Other Direct Costs,” include any proposed costs as described in Article 1.2 of the Supplemental Provisions – Time & Material/Labor Hour Contract Type. Proposed subcontractor labor is to be specified in this section to include name or labor category, estimated hours, unit rate, and proposed total. Also, include any proposed travel in sufficient detail to allow WRPS to evaluate and determine that proposed costs are consistent with the Federal Travel Regulations.

This form may be modified to add additional labor categories and multiple pages may be used to show additional option years. If labor categories in lieu of specific names are utilized the Offeror must provide a position description of each labor category proposed.

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http://www.gsa.gov/Portal/gsa/ep/channelView.do?pageTypeId=8199&channelPage=/ep/channel/gsaOverview.jsp&channelId=-14863


LABOR RATE PRICE SCHEDULE

Labor Category/NameContract Award thru

09/30/2015Hourly Labor Rate

Option Year 110/01/2015 thru

09/30/2016Hourly Labor Rate

$ $

Instructions: The Offeror shall provide a list of fully burdened labor rates of individuals/labor categories that the Offeror intends to utilize in performance of the Statement of Work. A fully burdened labor rate is defined as an hourly rate inclusive of wage or salary rate, fringe, all applicable overhead(s), taxes and profit. The Offeror must propose one labor rate for each year of the specified labor sub-categories listed. In the event that the Offeror does not submit a labor rate, WRPS may consider the Offeror non-responsive to the requirements of the Solicitation

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EXHIBIT 2. COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION

(FAR 52.230-1) (June 2000)

Note: This notice does not apply to small businesses or foreign governments. Check here to indicate that the offeror is a small business or foreign government and does not need to complete the following certification.

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

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903-201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. DISCLOSURE STATEMENT --- COST ACCOUNTING PRACTICES AND CERTIFICATION

(a) Any contract in excess of $650,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99) except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

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

(c) Check the appropriate box below:

(1) Certificate of Concurrent Submission of Disclosure Statement.

The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable, and (ii) one copy to the cognizant Federal auditor.

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(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)

Date of Disclosure Statement:

Name and Address of Cognizant ACO or Federal Official Where Filed:

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

(2) Certificate of Previously Submitted Disclosure Statement

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

Date of Disclosure Statement:

Name and Address of Cognizant ACO or Federal Official Where Filed:

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

(3) Certificate of Monetary Exemption

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

(4) Certification of Interim Exemption

The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in

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accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to WRPS, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

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

II. COST ACCOUNTING STANDARDS --- ELIGIBILITY FOR MODIFIED CONTRACT COVERAGE

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

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

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

III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS

The offeror shall indicate below whether award of the contemplated contract should, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.

YES NO

Note: If the offeror is an educational institution under the transition provisions of 48 CFR 9903.202-1 (f), contact WRPS for the appropriate alternate certification.

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SIGNATURE/CERTIFICATION

By signing below, the bidder/offeror certifies, under penalty of law, that the above certification is accurate, current and complete. The bidder/offeror further certifies that it will notify WRPS of any changes to these certifications. The certifications made by the bidder/offeror, as contained herein, concern matters within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent representation or certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.

_________________________________________________

Signature of Bidder/Offeror Responsible for Bid/Offer Date

_______________________________________________________________________________

Typed Name of Person Responsible for the Bid/Offer

_______________________________________________________________________________

Title of Person Responsible for the Bid/Offer

_______________________________________________________________________________

Name of Organization

_______________________________________________________________________________

Street

_______________________________________________________________________________

City State Zip

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EXHIBIT 3. ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION AND DISCLOSURE

Rev. 2 4/14/06

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 WRPS, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

It is WRPS's policy to avoid situations, which place an Offeror in a position wherein it may not be able to compete on an equal basis for WRPS-controlled work with other qualified Offerors. This representation, and the information disclosed thereby, will serve to advise WRPS whether or not an Offeror's judgment may be biased because of any past, present, or currently planned interest, financial or otherwise, the Offeror may have which relates to the work to be performed under a subcontract which may result from this solicitation, thus providing the Offeror an unfair competitive advantage over others. The term "Offeror" herein means the proposing entity or any of its affiliates or proposed consultants or subcontractors of any tier. Therefore:

Offeror shall provide WRPS a statement which describes in a concise manner, all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) relating to the work described in the statement of work of this solicitation. Offeror may also provide relevant facts that show how its organizational structure and/or management systems limit its knowledge of affiliates or other divisions or sections of the proposing entity and how that structure or system would avoid or mitigate an organizational conflict of interest. [See section 401, Pub. L. 95-39 (42 U.S.C. 5918(a)) and section 10, Pub. L. 95-70 (15 U.S.C. 789(a)) for specific requirements.]

Offeror shall assure that any consultants and/or subcontractors identified in its proposal which will perform part or all of any resulting subcontract submit the same information as required above, either as part of the Offeror’s proposal or directly to WRPS, prior to the time and date set forth for the receipt of proposals, including identification of the solicitation number and the (Offeror's) proposal to which it relates.

Offeror shall assure that each of its chief officers or directors, if any, who will be directly involved in the actual performance of the subcontract, submit such information.

Offeror shall promptly provide to WRPS information concerning any changes, including additions, in its relevant facts reported, that occur between the time of submission of its proposal and the award of a subcontract or the time the Offeror is notified that it is no longer being considered for an award.

WRPS will review the information submitted and may require additional relevant information or certifications from the Offeror. All such information, and any other relevant information known to WRPS, will be used to determine whether an award to the Offeror may create an organizational conflict of interest with respect to the Offeror's (1) being able to render impartial, technically sound, and objective assistance or advice, or (2) being given an unfair competitive advantage. If WRPS determines a conflict exists which would require some action to mitigate an actual or potential conflict of interest that would otherwise represent an unacceptable risk to WRPS, it may, at its sole discretion: (1) impose appropriate terms or conditions necessary to avoid or mitigate the conflict, (2) disqualify the offer, or (3) proceed with an award despite the conflict.

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Offeror refusal to submit the representation and/or to provide the disclosure or any additional information requested by WRPS may result in disqualification of the Offeror for an award. Misrepresentation of material facts or other reported information may also result in disqualification. If any such misrepresentation is discovered following award, WRPS may terminate the contract for default or seek other remedies including actions pursuant to 18 U.S.C. 1001.

Depending on the nature of the subcontract activities, Offeror may, because of the existence of possible organizational conflicts of interest, propose to exclude specific kinds of work from the statement of work contained in the original solicitation, unless the solicitation specifically prohibits such exclusion. Any proposed exclusion may be considered by WRPS in the evaluation of proposals, but may ultimately determine the proposal to be unacceptable.

No work shall be performed, and WRPS will not authorize work to begin, until representations and disclosure information has been evaluated. WRPS may also, at its option, permit missing representations or disclosure information to be provided by an Offeror at any time during the pre-award process.

In lieu of or in addition to the above and/or when requested by WRPS, Offeror shall provide a certification similar to the following, altered only to reflect the relevant facts:

CONFLICT OF INTEREST DISCLOSURE STATEMENT

I hereby certify that, to the best of my knowledge and belief, no facts exist relevant to any past, present, or currently planned interest or activity (financial, contractual, personal, organizational, or otherwise) that relate to the proposed work; and bear on whether I and the Offeror have a possible conflict of interest with respect to being able to render impartial, technically sound, and objective assistance or advice, or being given unfair competitive advantage.

__________________________________ _____________________Authorized Offeror Representative Date

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EXHIBIT 4. PAST PERFORMANCE

Rev. 0 1/1/03Please type or print at least two (2) and as many as five (5) references to recently completed or substantially complete contracts with requirements similar to those described within this solicitation.

CLIENT NAME

CONTACT NAME

TELEPHONE NO.

CONTRACT NO.CONTRACT DATE

START DATE

END DATE CONTRACT VALUE

CONTRACT TERMINATED? (Y/N) Explain in attachment

NAME AND ADDRESS OF OFFEROR NAME OF SIGNER

TITLE OF SIGNER

OFFEROR (Signature of person authorized to sign)

DATE

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EXHIBIT 5. PROPOSED LOWER-TIER SUBCONTRACTORS

Rev. 1 7/12/06

Please type or print the names and contact information for all of the lower-tier subcontractors. Use additional sheets if necessary.

LOWER-TIER SUBCONTRACTOR/SUPPLIER

CONTACT NAME

TELEPHONE NO.

DESCRIPTION OF SERVICES TO BE PROVIDED

APPROXIMATE AWARD AMOUNT


TITLE OF SIGNER


DATE

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EXHIBIT 6. AGREEMENT EXCEPTIONSNOTICE: Any exceptions to the proposed subcontract terms and conditions must be indicated below. Washington River Protection Solutions, however, reserves the right to disqualify offers which deviate from the Solicitation. If the Offeror has no exceptions, please write “None” below.


TITLE OF SIGNER


DATE

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EXHIBIT 7. VENDOR ESH&Q QUESTIONNAIRE

Subcontractor Name:

Subcontractor Address:

City: State: Zip:

Subcontractor Point of Contact:

Email:

All contractors working on the Hanford Site are expected to safely perform in a quality manner while protecting worker health and the environment. Please answer the following questions about how your company implements ESH&Q.

# Question

1. Does your company have a documented environmental, occupational safety, healthy and quality program that complies with applicable local, state, federal, and DOE regulatory requirements?

Yes: No:

2. Are your employees trained and equipped to perform their assigned work?

Yes: No:

3. Do you have an established orientation program for new hires that includes ESH&Q?

Yes: No:

4. Does your company have policies and procedures in place to eliminate accidents, injuries/illness, and damage to property and equipment?

Yes: No:

5. Are company ESH&Q records adequately and properly maintained?

Yes: No:

6. Are accidents/incidents investigated promptly and reports generated?

Yes: No:

7. If the investigation discovers inadequacies in either the work process or the policies and procedures, are the appropriate processes in place to avert the accident/incident in the future and are personnel provided proper training?

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Yes: No:

8. Are hazards identified and appropriate measures taken to ensure that personnel and equipment are adequately protected as a result of identified hazards.

Yes: No:

9. Do your employees have the right to report unsafe conditions and to interrupt or stop work without fear of reprisal?

Yes: No:

10.

Is the frequency of ESH&Q meetings with employees scheduled to discuss the work to be performed hazards associated with the work based on the scope of work and commensurate with the work hazards?

Yes: No:

11.

Are ESH&Q inspections/audits conducted to evaluate the effectiveness of your program?

Yes: No:

12.

Does your company have an average Experience Modification Rate (EMR) of 1.0 or less for the previous three years?

Yes: No: What is your EMR?

13.

Does your company have an average Occupational Safety and Health Administration (OSHA) Recordable Case Rate of 3.2 or less for the previous three years?

Yes: No: What is your Recordable Case rate?

14.

Does your company have an average OSHA Lost Workday case rate of 0.64 or less for the previous three years?

Yes: No: What is your OSHA Lost Workday case rate?

15.

Does your construction company have an average OSHA Lost Workday case rate of 3.0 or less for the previous three years?

Yes: No: What is your OSHA Lost Workday case rate?

16.

Does your company have an established, written Hazard Communication Program?

Yes: No:

17.

Does your company have a system within the Hazard Communication Program to maintain

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Material Safety Data Sheets (MSDS)?

Yes: No:

18.

Has your company been cited for a(n) willful violation(s) from any regulatory agency during the previous three years?

Yes: No:

19.

Has your company been fined for Nuclear Regulatory Commission or agreement state non-compliance during the previous three years?

Yes: No:

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EXHIBIT 8. MASTER SUBMITTAL REGISTER (MSR)

SEE FILE ATTACHED

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PART C – MODEL SUBCONTRACT

Subcontract No.

Effective Date:

Issued By: Washington River Protection Solutions, LLCP.O. Box 850Richland, WA 99352

Subcontractor:Insert Name and Address

This Subcontract is effective as of , between Washington River Protection Solutions (WRPS) and (“SUBCONTRACTOR”) who hereby agree that all Work specified below, which is a portion of the goods and services to be provided by WRPS for the United States Department of Energy, shall be performed by the SUBCONTRACTOR in accordance with all the provisions of the Subcontract.

1. Work to be Performed: Except as specified elsewhere in the Subcontract, SUBCONTRACTOR shall furnish all labor and materials necessary and required to satisfactorily perform:

2. Period of Performance: The Subcontract period of performance is specified as: Contract Award through September 30, 2016.

3. Contract Type: Blanket Master Agreement

4. Compensation: As full consideration for the satisfactory performance by SUBCONTRACTOR of this Subcontract, WRPS shall pay to SUBCONTRACTOR compensation in accordance with the prices set forth below or in the attached Compensation Schedule consistent with the payment provisions of this Subcontract.

5. Payment Terms: As stated in Article 3.0, Terms of Payment, of Supplemental Provisions, payment will be made within 30 calendar days after receipt of a properly prepared invoice unless otherwise agreed to between SUBCONTRACTOR and WRPS.

6. Authorized Personnel: Only the following named WRPS individuals are authorized to make changes to this document:Kara Martin, Procurement SpecialistJ. M. Robinson, Manager, Procurement

7. Designation of Technical Representative: WRPS hereby designates the following as the Buyer's Technical Representative (BTR), for this Subcontract:

Name: TBD

Phone: (509) -

Mail Stop:

8. Special Provisions

8.1 Subcontract Release Procedure

WRPS may request work to be performed by the SUBCONTRACTOR under the Blanket Master Agreement (BMA) as separate Subcontract Releases using the following process:

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1. The Procurement Specialist will provide a work scope to the SUBCONTRACTOR soliciting a proposal for the effort to be performed and schedule of performance.

2. The Subcontractor shall respond within five working days or such longer period as the Buyer may authorize in the Solicitation. Subcontractor’s proposal shall typically include a contract price breakdown detailing, at a minimum, the individuals performing the work, their number of hours proposed, labor rates, materials, Other Direct Costs, and profit associated with performance of the work.

3. If the Proposal is acceptable to the Buyer, a Subcontract Release to perform the work may be issued in accordance with the terms of this Subcontract. Each Release shall be numbered or identified.

4. The Subcontractor shall not begin work on any Release or Release Revision prior to receipt of written authorization to proceed from the Buyer’s authorized individual.

8.2 Subcontract Release Ceiling Price:

A ceiling price shall be specified in each individual Subcontract Release. WRPS shall not be obligated to pay the SUBCONTRACTOR any amount in excess of the individual Subcontract Release ceiling price, and SUBCONTRACTOR shall not be obligated to continue performance if to do so would exceed the Subcontract Release ceiling price, unless and until WRPS has issued a Subcontract Release amendment increasing the ceiling price.

8.3 Option to Extend the Term of the Subcontract

This Subcontract includes one option to extend the term identified herein. The total period of performance of the Subcontract includes the base period plus the optional period(s) exercised by WRPS. WRPS will exercise the option(s) by providing written notice to the SUBCONTRACTOR prior to expiration of the current effective period.

Option 1 – October 1, 2015 through September 30, 2016

8.4 Key Personnel

In accordance with the General Provisions article entitled, “Key Personnel,” the following named individuals have been determined to be key personnel assigned to the performance of this Subcontract.

1.

2.

8.5 Subcontracting Plan

The SUBCONTRACTOR's Subcontracting Plan dated Insert Date is hereby incorporated into and made a part of this Subcontract. Failure of the SUBCONTRACTOR to comply in good faith with said plan shall be considered a breach of this Subcontract and subject to termination. During the period of performance of this Subcontract, SUBCONTRACTOR shall submit its semi-annual SF 294 report(s), titled "Subcontracting Report for Individual Contracts", to the Procurement Specialist no later than April 15 and October 15.

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8.6 Service Contract Act Wage Determination

This Contract is subject to the McNamara-O’Hara Service Contract Act of 1965 (SCA). In accordance with the SCA, the SUBCONTRACTOR shall pay service employees, employed in the performance of this Subcontract, no less than the minimum wage and furnish fringe benefits in accordance with the incorporated Wage Determination.

During the term of this Subcontract, WRPS may unilaterally modify this Subcontract to incorporate revised Wage Determinations. If a Wage Determination (or revision) is incorporated after award and the contractor has to adjust rates payable to employees covered by the SCA in order to comply with the specified minimum wages and fringe benefits, the contractor may request an equitable adjustment in accordance with the provisions of this Subcontract.

For reference, a copy of the most recent Hanford Area Blanket Wage Determination is posted on the web site at Service Contract Wage Determination.

A Directory of Occupations and more information about the Service Contract Act can be found on the Department of Labor web site at http://www.oalj.dol.gov/libdot.htm >

8.7 Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (FAR 52.222-43, Sep 2009)

(a) This clause applies to both Subcontracts subject to area prevailing wage determinations and Subcontracts subject to collective bargaining agreements.

(b) The SUBCONTRACTOR warrants that the prices in this Subcontract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(c) The wage determination, issued under the Service Contract Act of 1965, as amended, (41 U.S.C. 351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a multiple year Subcontract or the beginning of each renewal option period, shall apply to this Subcontract. If no such determination has been made applicable to this Subcontract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year Subcontract or the beginning of each renewal option period, shall apply to this Subcontract.

(d) The Subcontract price, Subcontract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the SUBCONTRACTOR’s actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the SUBCONTRACTOR as a result of:

(1) The Department of Labor wage determination applicable on the anniversary date of the multiple year Subcontract, or at the beginning of the renewal option period. For example,

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http://www.oalj.dol.gov/libdot.htm

http://toc.rl.gov/rapidweb-v7/PROCUREMENT/docs.cfm/SCA%20Wage%20Determination.pdf


the prior year wage determination required a minimum wage rate of $4.00 per hour. The SUBCONTRACTOR chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the SUBCONTRACTOR voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

(2) An increased or decreased wage determination otherwise applied to the Subcontract by operation of law; or

(3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this Subcontract, affects the minimum wage, and becomes applicable to this Subcontract under law.

(e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(f) The SUBCONTRACTOR shall notify WRPS of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by WRPS. The SUBCONTRACTOR shall promptly notify WRPS of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any relevant supporting data, including payroll records, which WRPS may reasonably require. Upon agreement of the parties, the Subcontract price, Subcontract unit price labor rates, or fixed hourly rates shall be modified in writing. The SUBCONTRACTOR shall continue performance pending agreement on or determination of any such adjustment and its effective date.

(g) WRPS or an authorized representative shall have access to and the right to examine any directly pertinent books, documents, papers and records of the SUBCONTRACTOR until the expiration of 3 years after final payment under the Subcontract.

8.8 Document Transmittals – Master Submittal Register (MSR)

The SUBCONTRACTOR shall utilize the BUYER’s document transmittal system for the exchange of data and information during the performance of Work under this Subcontract. Submittals indicated herein are documents that must be received and/or approved by BUYER prior to final acceptance of the work.

Master Submittal Register (MSR) Form A-6005-317 is included as an attachment to the individual releases and identifies the required SUBCONTRACTOR submittals. SUBCONTRACTOR information shall be transmitted using TOC Incoming Letter of Transmittal (form A-6005-315) to the address indicated therein.

Submittals may be transmitted electronically to [email protected] or a BUYER designated File Transfer Protocol (FTP) site. For electronic transmittals, all transmittal subject headings shall

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mailto:[email protected]


contain, at a minimum, the subcontract number, submittal number, and submittal description. Document submissions shall not include password protected files.

8.9 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (FAR 52.203-17)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Subcontractor shall inform its employees in writing, the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Subcontractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

8.10 Audit and Records—Negotiation

(a) As used in this provision, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of Costs: If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the SUBCONTRACTOR shall maintain and the WRPS authorized procurement representative or designee shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this Subcontract. This right of examination shall include inspection at all reasonable times of the SUBCONTRACTOR’s plants, or parts of them, engaged in performing the contract.

(c) Cost or Pricing Data: If the SUBCONTRACTOR has been required to submit cost or pricing data in connection with any pricing action relating to this Subcontract, WRPS authorized procurement representative or designee, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the SUBCONTRACTOR’s records, including computations and projections, related to—

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the Subcontract, or modification; or

(4) Performance of the Subcontract or modification.

(d) Comptroller General—

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(1) The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the SUBCONTRACTOR’s directly pertinent records involving transactions related to this Subcontract hereunder and to interview any current employee regarding such transactions.

(2) This paragraph may not be construed to require the SUBCONTRACTOR to create or maintain any record that the SUBCONTRACTOR does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports: If the SUBCONTRACTOR is required to furnish cost, funding, or performance reports, the WRPS authorized procurement representative or designee, shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating—

(1) The effectiveness of the SUBCONTRACTOR’s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability: The SUBCONTRACTOR shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this provision, for examination, audit, or reproduction, until three (3) years after final payment under this Subcontract or for any shorter period specified, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition—

(1) If this Subcontract is completely or partially terminated, the SUBCONTRACTOR shall make available the records relating to the work terminated until three (3) years after any resulting final termination settlement; and

(2) The SUBCONTRACTOR shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g) The SUBCONTRACTOR shall insert a provision containing all the terms of this provision, including this paragraph (g), in all Subcontracts under this Subcontract that exceed the simplified acquisition threshold, and—

(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these;

(2) For which cost or pricing data are required; or

(3) That requires the subcontractor to furnish reports as discussed in paragraph (e) of this provision.

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9. List of Subcontract Attachments

The following attachments are hereby incorporated into and made a part of this Subcontract. The TOC Master Submittal Register (MSR), On-Site Work Provisions and Preliminary Hazard Analysis PHA ID will be incorporated if applicable into each individual subcontract release. They shall have the same force and effect as if written into the body of the Subcontract. SUBCONTRACTOR is responsible for downloading and complying with the applicable revision as identified below.

A hyperlink is provided for downloading the referenced General Provisions, Supplemental Provisions, On-Site Work Provisions and Preliminary Hazard Analysis:

http://www.hanford.gov/chmpmm/?page=20&parent=12

Attachment No. Title Revision Date

1 Statement of Work No. 273299 0 11/10/2014

2 Compensation Schedule 0

3 General Provisions 3 06/21/2011

4 Supplemental Provisions Time and Material/Labor Hour Contract Type 2 10/30/2012

The SUBCONTRACTOR shall acknowledge this document, as provided herein, regardless of dollar value, by signing below and returning a signed copy of this Subcontract. This signature represents certification that all submissions (including electronic) associated with this Subcontract award are accurate, current, and complete.

Authorizing Signatures:

Subcontractor Washington River Protection Solutions, LLC

________________________________ ________________________________

Name Date Kara Martin DateTitle Procurement Specialist

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http://www.hanford.gov/chmpmm/?page=20&parent=12


Phone: ( ) - Phone: (509) 376-1083

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