ex10_38.htm

(a)

Base Fee- The Government will make payment of the base fee in substantially equal monthly increments. The amount payable shall be subject to any withholding as may be provided for elsewhere in this task order.

(b)

Award Fee - The Government will promptly make payment of any award fee after evaluation at the conclusion of each specified TLIN/OTLIN evaluation period and a determination is made followed by a contractor invoice submission. These determinations will be made on a semi-annual basis. Payment shall be made without the need for a task order modification. Award Fee not earned during the evaluation period shall not be allocated to future evaluation periods.

B.9	PERFORMANCE EVALUATION PLAN

(a)

The determination of award fee earned shall be based upon a Performance Evaluation Plan (PEP) which includes the performance criteria in earning award fee. The PEP will be unilaterally established by the Government. A copy of the plan shall be provided to the Contractor prior to the beginning of the evaluation period. Draft Performance Objectives are located in Section L, Attachment D.

(b)

The PEP will set forth the evaluation period and the criteria upon which the Contractor will be evaluated. The Contractor may submit a self-evaluation of performance for each evaluation period. While it is recognized that the basis for determination of the fee shall be the evaluation by the Government, the self evaluation, which should be received 15 calendar days after the end of the period being evaluated, will be given consideration as the FDO finds appropriate.

(c)

The PEP may be revised unilaterally by the Government at any time during the period of performance. Notification of such changes shall be provided to the Contractor at least 30 calendar days prior to the start of the evaluation period to which the change will apply.

(d)

The amount of award fee earned shall be based upon the Contractor's performance against the criteria established in the PEP.

(e)

While it is recognized that the basis for determination of the fee shall be the evaluation by the Government in accordance with this clause and the PEP, the FDO may also consider information available to him or her which relates to the Contractor's performance of task order requirements, regardless of whether those requirements are specifically identified. To the extent the Contractor does not perform those requirements, the FDO may, at his/her sole discretion, determine the Contractor's overall performance to be unacceptable, and accordingly may withhold the entire award fee for the evaluation period.

SECTION C

STATEMENT OF WORK (SOW)

Building 3026 D&D HOT CELL D&D Project

Building 2026 LEGACY MATERIAL DISPOSITION Project

Building 3038 LEGACY MATERIAL DISPOSITION Project

C.l

GENERAL

C.l.l

Task Order Purpose and Overview

The work activities and removal actions initiated through this SOW is regulated by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980. The primary objective of this Statement of Work is to complete the deactivation, demolition and disposition (D&D) of Building 3026 C/D hot cells, and to remove and disposition legacy material from Buildings 2026 and 3038 in preparation for D&D at the Oak Ridge National Laboratory (ORNL), Oak Ridge, Tennessee.

C.2	INTRODUCTION

C.2.1

Task Background

C.2.1.1

Building 3026 C/D Hot Cells D&D Project

Building 3026 was one of the original Clinton Laboratory buildings constructed to support the war effort. It was later used for a variety of processing and research activities. Building 3026 C/D is a hot cell and laboratory facility comprised of two adjoining facilities separated by a common firewall with separate air handling equipment. Building 3026-C is located on the west side and Building 3026-D is located on the eastside.

The principal structure in Building 3026-D is a two-story, 5-ft thick concrete cell block, which is divided into two connecting radioactive material handling cells (i.e., hot cells A & B). The concrete cell block extends up to a maintenance cubicle above the cells. The facility also includes a second cell bank that is connected via an underground tunnel to Hot Cell A.

The two hot cell banks, which were utilized for storage, processing, conversion, and dispensing of radioactive isotopes remain in the Building 3026-C area. The interior hot cell banks and laboratories are constructed of reinforced concrete.

The facility's main wooden structure is currently being demolished by DOE under a separate CERCLA removal action. The condition of the facility when this task order begins will be: shields over the hot cell windows to protect from damage during the removal of the wooden structures. Liquid was removed from the windows in a previous work activity. Hot cell equipment, such as the manipulators, will be removed and all hot cell penetrations will be sealed. The exterior of the hot cell structures will be sprayed with a fixative material to fix any remaining contamination in place. Interior surfaces of the hot cells and associated ventilation duct work will be fogged with a fixative material to reduce the potential for loose contamination during D&D activities.

There are a total of six structures that will be left standing following removal of the wooden structure. In 3026-C, there will be four structures, and in 3026-D, two structures.

C.2.1.2

Building 2026 Legacy Materials Disposition Project

Building 2026, the Radioactive Materials Analytical Laboratory (RMAL), was constructed in 1964 and is considered to be in good condition. It is a two-story structure with a total area of approximately 26,641 square feet (ft2). RMAL was previously dedicated to general analytical chemistry of radioactive materials. The facility is equipped with special containment and ventilation systems to handle high levels of radioactivity in hot cells (high gamma dose) and in glovebox systems (high levels of alpha).

Building 2026 is a Category 3 Nuclear Facility and is restricted to a nuclear material inventory below the ORNL Fissionable Material Control Limit. A range of fissionable radionuclides associated with analytical operations that historically occurred in the facility are identified in the Safety Analysis Report (provided under separate cover).

Also, based on historical knowledge, there is a low potential for beryllium contamination associated with the disposition of legacy materials from this facility.

Asbestos sampling has been performed in the facility and some asbestos has been remediated or marked to indicate asbestos-containing material. Most floor tile in the original building contains asbestos, but appears to be in good condition.

Vinyl tile mastic for the facility's floor tile contains polychlorinated biphenyls (PCB) and is registered in the ORNL PCB database. No other PCB-containing equipment was identified in the PCB database for Building 2026, but the potential exists for other PCB-containing material to be identified during characterization.

Positive sampling results for lead have occurred in select areas of the building. Other forms of lead have been found in the facility including lead bricks, lead pigs, as well as lead-lined drums and shipping containers. Lead in the facility has been included in the legacy material inventory. Some lead may be suitable for recycling.

Two chemical control areas are located in Building 2026. Some of these chemical can be slated for reuse. The remaining inventory of chemicals is located primarily in laboratories.

Radiological contamination that exists in Building 2026 is relatively well characterized and controlled. Current survey data exists for most equipment; including gloveboxes, fume hoods, and other ancillary equipment.

Remote-handled (RH) radiological waste is stored in the facility is estimated to be fairly limited [~72 cubic feet (ft3).

C.2.1.3

Building 3038 Legacy Material Disposition Project

Building 3038, the Isotope Development Laboratory, was constructed in 1949. It is a single-story structure with a small basement and has a total area of approximately 6,900 ft2. For many years, the facility was dedicated to radioisotope shipping, with the entire east portion of the building housing the analytical chemistry equipment and analyses of short-lived radioisotopes were conducted prior to shipment. The western portion of the building became the Alpha Handling Facility, used for fabrication of actinide targets. The east portion of the building was converted into both a research and development facility and an isotope production facility. The hot cell and counting room facilities were converted into a development laboratory.

Building 3038 is a Nuclear Hazard Category 3 facility, with a non nuclear hazard classification of "High." Non-standard hazards identified at Building 3038 include radioactive materials located throughout the building in hot cells, gloveboxes, and within containers located within the facility and outside along the northeastern wall of the facility. Radioactive contamination, both fixed and loose, exists throughout the facility.

The building has four laboratory rooms: the Northeast Lab, the Southeast Lab, the Hot Lab, and the Cold Lab. The Shipping/ Barricades area contains two Lazy Susan-type holders (carousels), which hold legacy materials. They are located below ground level and are covered with a lead shield when not being accessed. The Alpha Handling Facility contains five hot cells. The Alpha Handling Facility Annex contains seven glove boxes. A total of 15 glove boxes, 12 fume hoods, and six hot cells are contained within the facility.

The facility has three separate ventilation systems which are active for the various hot cells, gloveboxes, and laboratories.

C.2.1.4

Building 3517 Legacy Material Disposition Project (Optional)

The Fission Product Development Laboratory (FPDL), also designated as Building 3517, is a nuclear facility that no longer has a programmatic mission and has been transitioned to the Environmental Management Program to be deactivated and decommissioned. The facility is partially deactivated and is undergoing transitional surveillance and maintenance (S&M) and limited deactivation activities pending the final decommissioning of the facility. Although all process-related activities have been discontinued in Building 3517, the facility still contains radioactive and hazardous materials.

Building 3517 was utilized for recovery of long-lived fission products from aqueous waste, purification and pelletization of radiation source materials, and testing of new procedures for source fabrication. The facility was originally designed and built to recover fission products from waste generated in reactor fuel reprocessing operations and the processing and recovery of other reactor produced isotopes. The facility consists of administrative offices, process cells, manipulator and service cells, tank farm cells, and an electro-polisher. Legacy materials requiring disposition may include: solid mixed waste, remote-handled (RH) waste liquid mixed waste, solid low-level waste (SLLW), RH-SLLW, Greater-Than -Class-C waste, low level oils, and reuse/recycle material. Facility upgrades/modifications may be needed prior to initiating legacy material removal.

C.3

SCOPE

The CONTRACTOR shall perform all work activities in accordance with approved CONTRACTOR programs, project plans, and procedures.

C.3.1

Project management

The CONTRACTOR shall ensure effective performance of all activities necessary to execute the work to be performed which includes the following: technical management, project controls, scheduling and action tracking, estimating, procurement support, administrative support, subcontract oversight, regulatory and environmental compliance, quality assurance, risk management, safety & health, radiation protection, worker training, fire protection, and records management.

Project documents shall be updated as often as appropriate based on decisions, changes, and/or other events that affect the accomplishment of the work.

C.3.2

D&D Readiness Evaluation

The CONTRACTOR shall demonstrate to DOE via the Readiness Evaluation process in DOE-STD-1120 ensuring that its personnel, procedures, plans, and equipment are ready to perform the required tasks with safe/functional equipment and trained/knowledgeable personnel. The CONTRACTOR shall not mobilize until a Notice to Proceed (NTP) is issued in writing by DOE.

C.3.3

Pre-mobilization, Mobilization, and Site Preparation

Pre-mobilization work by the CONTRACTOR will entail preparation and submittal of all project-specific planning documents and the detailed project schedule to DOE for review, comment, and revision. CONTRACTOR mobilization will include all activities required to start work and continue in accordance with the project schedule. Mobilization may be performed in phases depending on CONTRACTOR'S technical approach for accomplishing the work scope identified in this SOW. Pre-mobilization/mobilization scope includes, but is not limited to, the following:

Coordination/interface with DOE, UT-B, and other ORNL on-site contractors, as necessary [i.e., coordination with UT-B for the lay-down/staging of equipment and for the location of support facilities (e.g., office trailers, parking, equipment/supply storage areas, break facilities, etc.)]

Coordination/interface with waste disposal facilities (EMWMF, ORR Landfills, off- site)

Establishing the site construction/HAZWOPER boundaries, as applicable

Establishing decontamination areas

Installing site postings, as applicable

Obtaining any other required training, approvals, agreements, documentation, etc.

An incoming safety inspection and radiological survey for all equipment

C.3.4

Building 3026 Hot cells D&D

The CONTRACTOR shall complete demolition of the Building 3026 C/D Hot cells, a total of six sub-structures. The demolition of Building 3026 C would include: (1) Tritium Facility, (2) Counting Room, (3) Bank 1 Hot Cells, (4) Bank 2 Hot Cells; and for Building 3026D demolition would include: (5) Storage Cells, and (6) Hot Cells A & B. Work shall be completed in accordance with the CONTRACTOR'S approved project-specific plans and schedules.

The CONTRACTOR shall complete D&D activities that include, but not limited to, the following:

Decontaminate, dismantle, and size reduce process and non-process equipment systems.

Conduct contamination surveys and decontaminate hot cell structures, as necessary, prior to demolition.

Complete demolition of hot cell structures to slab level. Demolition of tunnels is not included in the scope; however, access to/openings at the slab level shall be sealed watertight and covered with a 3/4 - in steel plate.

Remove, stabilize, and package radioactive and hazardous materials and wastes to meet transportation and disposition requirements.

Ship waste for disposition - including loading, performing release surveys, preparation of shipping documentation and transporting the waste for disposal.

Collect and dispose liquid wastes in accordance with the project Waste Management Plan.

Decontaminate/stabilize remaining slabs.

Perform all S&M activities including maintaining the physical security and property protection of facilities.

C.3.5

Building 3038 Legacy Material Disposition and Preparation of Building 3038 for D&D

C.3.5.1

Legacy Material Removal

The CONTRACTOR shall safely identify, characterize, remove, and dispose of all legacy materials in Building 3038. Work shall be completed in accordance with the RDR/RAWP for D&D and the CONTRACTOR'S approved project-specific plans and schedules. Upon completion of characterization, if a waste is identified without a known treatment or disposal path, DOE will notify the CONTRACTOR regarding plans for the management and disposition of that waste.

Facility upgrades to Building 3038 will be required prior to removal of legacy material from the facility. The scope of these upgrades may include the following, as necessary:

Inspect/replace in-cell hoist/crane

Replace in-cell HEPA filters

Replace cell lighting

Specialized hot cell tooling and probes

Legacy materials contained within Building 3038 include, but are not limited to, the following:

The Barricade area carousel holders store approximately 130 glass bottles which contain isotopes that are or were dissolved in acidic solutions.

Miscellaneous furniture (e.g. desks, chairs, filing cabinets, storage cabinets, etc).

All miscellaneous small, detached equipment and items (motors, pumps, etc.) including those stored in hot cells, hoods, and gloveboxes.

Large, detached equipment items.

Miscellaneous bagged and/or otherwise contained waste, material and items.

Containers located outside the building along the northeastern wall.

Legacy materials may include, but are not limited to, the following waste types:

Solid Waste

Solid Low-Level Waste

RH Solids

RH TRU Waste

Contact Handled TRU Waste

Greater-Than-Class-C Waste

Low-Level Oils

Low-Level Liquid

Reuse / Recycle Material

C.3.5.2

Prepare Building 3038 for D&D

The CONTRACTOR shall prepare Building 3038 for D&D by removal and disposition of process equipment leaving the facility in a state such that no internal work is need to be completed prior to structural D&D, Preparation for D&D includes, but is not limited to, the following:

Coordinate utility disconnections, isolations, and/or appropriate terminations (to be performed by UT-B).

Performing abatements of asbestos and/or beryllium, as needed and Universal waste removal and disposition.

Deactivating, stabilizing, and removing all process systems and equipment (utility disconnections to be performed by UT-B).

Fixing/stabilizing, size reducing, packaging, removing, and transporting for disposition all process systems and equipment (e.g., fume hoods, gloveboxes, furnaces, sinks, piping, ductwork, filters & filter housing, etc.).

Facility should be left in a state such that no internal work need be completed prior to structure D&D (with the exception of hot cells and hot cell ventilation).

C.3.6

Optional Scope: Building 3038 D&D

The CONTRACTOR shall safely complete demolition and disposition (D&D) of Building 3038. The CONTRACTOR shall update all project-specific planning documents and procedures as necessary to include optional scope. Work shall be completed in accordance with the CONTRACTOR'S approved documents and plans.

The Readiness Evaluation and pre-mobilization, mobilization, and site preparation phases for optional work shall be equivalent to that defined in Section C.3.2 and C.3.3. If the need to mobilize should arise, the CONTRACTOR shall not mobilize to execute Optional Scope until a Notice to Proceed is issued in writing by DOE for this optional scope.

The CONTRACTOR shall conduct characterization (as described in Section C.6.3) or use historical/sampling data to prepare all documentation necessary and to have the waste generated accepted for disposal at the EMWMF and other treatment and/or disposal facilities. Upon completion of characterization, if a waste is identified without a known treatment or disposal path, DOE will notify the CONTRACTOR regarding plans for the management and disposition of that waste.

D&D activities may include, but are not limited to, the following:

Conduct contamination surveys and decontaminate, as necessary, prior to demolition.

Complete demolition to slab level.

Remove, stabilize, and package radioactive and hazardous materials and wastes to meet transportation and disposition requirements.

Ship waste for disposition - including loading, performing release surveys, preparation of shipping documentation and transporting the waste for disposal.

Collect and dispose liquid wastes in accordance with the project Waste Management Plan.

Decontaminate/stabilize remaining slab.

Perform all S&M activities including maintaining the physical security and property protection of facilities.

C.3.7

Optional Scope: Building 2026

For all executed Optional Scope, the CONTRACTOR shall update all project- specific planning documents and procedures as necessary to include optional scope. Work shall be completed in accordance with the RDR/RAWP for D&D and CONTRACTOR'S approved documents and plans. The Readiness Evaluation and pre-mobilization, mobilization, and site preparation phases for optional work shall be equivalent to that defined in Section C.3.2 and C.3.3. If the need to mobilize should arise, the CONTRACTOR shall not mobilize to execute Optional Scope until a Notice to Proceed is issued in writing by DOE for this optional scope.

The CONTRACTOR shall conduct characterization or use characterization/sampling data to prepare all documentation necessary to proceed with this action and to have the waste generated accepted for disposal at the EMWMF and other treatment and/or disposal facilities.

C.3.7.1

Legacy Material Removal

The CONTRACTOR shall safely identify, characterize, remove, and disposition of all legacy materials in Building 2026. Work shall be completed in accordance with the CONTRACTOR'S approved project-specific plans and schedules. Upon completion of characterization, if a waste is identified without a known treatment or disposal path, DOE will notify the CONTRACTOR regarding plans for the management and disposition of that waste. Legacy materials contained within Building 2026 (including porch area) include, but are not limited to, the following:

●

Rooms 120 (cell access area) and 124 (airlock) contain miscellaneous bagged and/or packaged waste, manipulators, lead brick, electronics, carts, and lab equipment

●

Hot Cells contain sample containers, liquids, remote handled mixed waste, lead bricks, and lab wares

●

First and second floor offices contain miscellaneous office furniture (e.g. desks, chairs, filing cabinets, storage cabinets, electronics, etc)

●

First and second floor labs contain lead pigs, waste containers, lab chemicals, radioactive lab waste, lab ware, containers, sample racks, packaged PPE waste, small detached equipment (motors, pumps, etc.) including those stored in, hoods, and gloveboxes

●

Large, detached equipment is present throughout the facility which includes air monitoring stations, analytical equipment, power supplies, and gloveboxes

Legacy materials may include, but are not limited to, the following waste types:

Solid Mixed Waste

RH Solids

Solid Low-Level Waste

Transuranic (TRU) Waste

Low-Level Oils

Low-Level Liquid

Greater-Than-Class-C

Reuse / Recycle Material

Diesel Fuel and Oil for Reuse

Facility upgrades to Building 2026 will be required prior to removal of legacy material from the facility. The scope of these upgrades may include the following, as necessary:

Clean cell windows

Inspect/replace in-cell hoist/crane

Replace in-cell HEPA filters

Pull and re-tape manipulators

Replace cell lighting

Un-plug cell hot drain(s)

Specialized hot cell tooling and probes

C.3.7.2

Preparation of Building 2026for D&D

The CONTRACTOR shall prepare Building 2026 for demolition and disposition (D&D) by the removal of process equipment, hence leaving the facility in a state such that all internal work is completed prior to structural D&D. Preparation for D&D includes, but is not limited to the following:

Coordinate utility disconnections, isolations, and/or appropriate terminations (to be performed by UT-B).

Performing abatements of asbestos and/or beryllium, as needed, and Universal waste removal and disposition.

Deactivating, stabilizing, and removing all process systems and equipment (utility disconnections to be performed by UT-B).

The CONTRACTOR shall disconnect and remove for disposition process equipment identified within the facility to include, but not be limited to: gloveboxes; hoods; exhaust systems attached to glove boxes; piping and ductwork that contained/transferred chemicals or radiologically contaminated liquid and/or air; HEPA filters and filter housings; and other equipment such as pumps; compressors; and equipment that contained chemicals and radiological material needing specialized equipment for containment.

The CONTRACTOR shall segregate removed equipment and associated appurtenances and package appropriately for disposition to meet the WAC and/or waste profiles established by the anticipated disposal facility.

C.3.7.3

Building 2026 D&D

The CONTRACTOR shall safely complete demolition and disposition (D&D) of Building 2026. D&D activities include, but are not limited to, the following:

Conduct contamination surveys and decontaminate, as necessary, prior to demolition.

Complete demolition to slab level.

Remove, stabilize, and package radioactive and hazardous materials and wastes to meet transportation and disposition requirements.

Ship waste for disposition - including loading, performing release surveys, preparation of shipping documentation and transporting the waste for disposal.

Collect and dispose liquid wastes in accordance with the project Waste Management Plan.

Decontaminate/stabilize remaining slab.

Perform all S&M activities including maintaining the physical security and property protection of facilities.

C.3.8

Optional Scope in Building 3517 Legacy Material Disposition

The CONTRACTOR shall safely identify, characterize, remove, and disposition all legacy materials in Building 3517.

Facility upgrades to Building 3517 will be required prior to removal of legacy materials from the facility. The scope of these upgrades may include the following, as necessary:

Clean cell windows

Inspect/replace in-cell hoist/crane

Replace in-cell HEPA filters

Pull and refurbish manipulators

Pull and re-tape manipulators

Reboot manipulators

Replace cell lighting

Un-plug one cell hot drain

Specialized hot cell tooling and probes

Legacy materials contained within Building 3517 include, but are not limited to, the following:

Miscellaneous cell equipment (i.e., tools, saws, presses, etc)

Multiple 2.5-gal cans

Lead

In-cell HEPA filters

Large casks

Miscellaneous office furniture (e.g, desks, chairs, filing cabinets, storage cabinets, electronics, etc)

Miscellaneous small tools

Legacy materials may include, but are not limited to, the following waste types:

Solid Mixed Waste

RH Solids

Liquid Mixed Waste

Solid Low-Level Waste

RH-SLLW

Greater-Than-Class-C

Low-Level Oils

Reuse / Recycle Material

C.3.9

Project Completion

End-state conditions for Task Order completion are specified in Section C.5.2 DOE may utilize an Independent Verification Contract (IVC) to perform final inspections and verifications of each facility covered by this SOW. The CONTRACTOR shall coordinate and support verification surveys and final inspections for each facility (or group of facilities) with DOE and the IVC.

C.3.10

Demobilization

Complete CONTRACTOR demobilization shall not commence until after DOE has certified completion of all required work for each project. Demobilization shall include, but not be limited to, the following:

CONTRACTOR shall dispose of all secondary waste generated during contract activities in accordance with the project-specific plans and procedures and waste management requirements of Section C.6.5.

CONTRACTOR shall decontaminate, decommission, and remove all CONTRACTOR-owned equipment, material, tools, supplies, and facilities brought on-site to perform this work.

C.3.11

Phased Construction Completion Report

Following completion of field activities, CONTRACTOR shall prepare and submit one Phased Construction Completion Report (PCCR) that addresses all three projects within this SOW. The PCCR will include completion of activities for optional scope if exercised.

The CONTRACTOR may conduct a formal presentation of the PCCR comprised of DOE, Environmental Protection Agency (EPA), and TDEC. Comments received from the Regulators will be resolved/incorporated into the final document.

C.4	APPLICABLE DOCUMENTS

C.4.1

Facility Information Available to Contractor

Current facility-specific information available to the CONTRACTOR (provided under separate cover) comes from a variety of sources and includes details on the history, waste types/contaminants, and current status for each D&D facility. This information will support the CONTRACTOR in developing detailed plans, packages, and procedures, and in estimating the cost of the work.

The CONTRACTOR is fully responsible for making determinations as to the suitability of the information for bidding and completing the scope of work.

C.5	PERFORMANCE REQUIREMENTS

C.5.1

General

The CONTRACTOR shall furnish all labor, equipment, materials, services and supplies necessary to complete the work in a safe, compliant, and efficient manner. The CONTRACTOR is responsible for planning, integrating, managing, and executing the scope in this SOW in accordance with the project performance baseline.

The CONTRACTOR shall comply with all applicable federal, state, and local regulations, codes and standards and orders, and perform work consistent with the following:

Applicable or Relevant and Appropriate Requirements (ARARs) identified in the BV IROD (as revised)

Remedial Design Report/Remedial Action Work Plan for the D&D of Non-Reactor Facilities in Bethel Valley at the Oak Ridge National Laboratory, Oak Ridge, Tennessee (RDR/RAWP for D&D) (currently being prepared by DOE and will be provided to CONTRACTOR upon regulatory approval)

1D/IQ Contract

The CONTRACTOR shall comply with all site permits and regulatory documents. The CONTRACTOR shall be responsible for all efforts necessary to obtain regulatory acceptance including regulatory reporting, reviews and comment resolution concerning their work and is responsible for complying with any newly promulgated and/or additional ARARs invoked (or triggered) as a result of the CONTRACTOR's method of accomplishment.

C.5.2

End-States

In order to achieve contract completion, the CONTRACTOR shall complete the following activities (including all contract and SOW requirements) no later than September 30, 2011. Project completion is achieved when the following Base Scope is completed by the CONTRACTOR:

Building 3026 C/D

All structures (i.e. hot cells) are demolished to grade level with all debris dispositioned.

Any slab(s) remaining in place shall be clean and free of any loose materials or debris and decontaminated (in accordance with authorized limits identified within DOE O 5400.5, chg.2) or otherwise treated to meet remediation levels defined for Structure Surfaces in the approved BV IROD.

Building 3038

All legacy materials identified in Building 3038 are characterized, removed, transported, and properly dispositioned.

Abatement activities are complete for Building 3038 including removal, packaging, transportation, and proper disposal of all materials.

All process equipment and appurtenances are removed from Building 3038 and properly disposed.

Utility isolation activities for Building 3038 in preparation for facility D&D with the exception of those utilities necessary for maintaining ventilation of the hot cells, as required.

All contract requirements completed and required deliverables/submittals are complete and approved by DOE, and state and federal regulators, as required.

For Optional Scope, project completion is achieved when the following items are completed by the CONTRACTOR:

Building 2026

Complete the same end state activities for 2026 as identified above as Base Scope for 3038

Buildings 2026 and 3038

Complete physical demolition of the principle structure to grade level with all debris dispositioned. Any slab(s) remaining in place shall be clean and free of any loose materials or debris and decontaminated or otherwise treated to meet remediation levels defined for Structure Surfaces in the approved BV IROD.

Any slab(s) remaining in place shall be clean and free of any loose materials or debris and decontaminated (in accordance with authorized limits identified within DOE 0 5400.5, chg.2) or otherwise treated to meet remediation levels defined for Structure Surfaces in the approved BV IROD.

All contract requirements completed and required deliverables/submittals are complete and approved by DOE and the Regulators, as required

Building 3517

All legacy materials identified in Building 3517 are characterized, removed, transported, and properly dispositioned.

Abatement activities are complete for Building 3517 including removal, packaging, transportation, and proper disposal of all materials

C.5.3

Performance Measures

Hot Cells and Legacy Material Removed

Buildings 3038 and 2026

1. Cubic Feet of LLW Material Removed

2. Cubic Feet of LLW Material Packaged for Disposal

3. Square Feet of Building Floor Space Cleaned Out

Building 3026

1. Number of Hot Cells/Structures Prepped and Demolition Ready

2. Number of Hot Cells/Structures Demolished

3. Cubic Yards of LLW Disposed

C.6	NOTES AND GUIDES

C.6.1

Interfaces

The CONTRACTOR shall coordinate with DOE, the ORNL Site Managing Contractor [University of Tennessee-Battelle (UT-B)], and other on-site contractors [i.e., Bechtel Jacobs Company, LLC (BJC), the DOE Independent Verification Contractor, and others]. Planned activities and site coordination roles, responsibilities, and interfaces shall be documented in project-specific design and planning documents. Coordination of activities not initially identified for specific interface with other contractors shall be coordinated through the DOE Designated Contracting Officer's Representative (DCOR).

Before D&D/legacy material removal work proceeds under this SOW, DOE will reassign "operational responsibility" from UT-B or BJC to the CONTRACTOR. The CONTRACTOR shall make every effort to ensure that no adverse impacts to DOE, UT-B, or BJC operations occur. Work activities in facilities adjacent or in close proximity to UT-B and BJC facilities will be coordinated with the affected managing contractor. The transportation routes and plans will also be coordinated through UT-B and/or BJC via the Traffic Control Section of the Contractor's Transportation Plan.

CONTRACTOR shall coordinate with DOE prior to any interaction with regulators and shall make available copies of all correspondence (e.g., reports, findings, records of phone conferences, meeting minutes, etc.). Representatives of DOE, BJC, the CONTRACTOR, and regulators may meet periodically, as required.

The CONTRACTOR shall provide support to the DOE concerning public involvement and stakeholder interaction activities, as requested, regarding CONTRACTOR activities.

C.6.2

Agency Agreements

Under the Federal Facility Agreement (FFA) for the Oak Ridge Reservation (ORR) {Federal Facility Agreement for the Oak Ridge Reservation, DOE/OR- 1014, U.S. Department of Energy, U.S. Environmental Protection Agency Region 4, and Tennessee Department of Environment and Conservation, 1992), all environmental restoration activities on the ORR will be performed in accordance with CERCLA.

C.6.3

Characterization

The CONTRACTOR shall conduct characterization and identification of all waste types and waste streams for project activities identified in this SOW. The CONTRACTOR also shall complete the WAC attainment process to facilitate the proper management and disposal of all waste to be disposed at the EMWMF, ORR Landfills, and off-site treatment/disposal facilities. The CONTRACTOR will coordinate Data Quality Objective (DQO) sessions related to WAC attainment for EMWMF, prepare Sampling and Analysis Plans (SAPs), determine waste profiles, develop Waste Handling Plans (WHPs), and satisfy all other criteria of the WAC attainment process.

The CONTRACTOR may use available historical data for each facility as an aid in developing characterization data in preparing plans and guidelines necessary for worker protection. A sample of such data is provided in Table 1 and Table 2.

The SAPs shall include QA for collecting, transferring, shipping, and data validation sufficient to meet requirements for disposition of the wastes at approved treatment and/or disposal facilities. The CONTRACTOR also shall select and use certified analysis laboratory(s) that has a verifiable QA program that meets Nuclear Quality Assurance (NQA)-l standards for analysis of chemical, radiological, and mixed chemical and radiological samples.

The CONTRACTOR shall maintain a copy of all historical data, sampling records, sampling data, data validation, data analysis and other related data and reports in project files, cataloged appropriately for retrieval electronically, and also enter into the DOE Oak Ridge Environmental Information System (OREIS) data management system data that is generated as a result of the Sampling and Analysis Plans (SAP) and subsequent data analysis and reporting in compliance with the ORR FFA, Section XXVII.

C.6.3.1

Waste Profiles

The ORR Landfills include Landfill IV, Classified Waste Landfill, Landfill V, Sanitary Landfill, and Landfill VII, Construction/Demolition Landfill. Each landfill has a waste profile describing the parameters of waste types and associated contaminants acceptable for disposal. The appropriateness of a waste profile is based on characterization data provided as part of the waste profile documentation. Additionally, a Special Waste Profile describes wastes that must be approved, by the Tennessee Department of Environment and Conservation (TDEC) before placing it for disposal.

The CONTRACTOR shall identify wastes to be included in waste lots and then prepare and submit to the EMWMF WAC Attainment Team a waste profile for each waste lot to be disposed in EMWMF. The EMWMF can receive low-level radioactive substances, Resource Conservation and Recovery Act (RCRA) hazardous substances, Toxic Substances Control Act of 1976 (TSCA) toxic constituents, asbestos contaminated material, and combinations of these contaminants that meet the WAC set forth in the, Attainment Plan for Risk/Toxicity-Based Waste Acceptance Criteria at the Oak Ridge Reservation (DOE/OR/01 - 1909&D3).

Each grouping of waste materials in a facility that is anticipated to be placed in the EMWMF for disposal and for which the contaminant level may be considered statistically homogeneous can be designated as a "waste lot". The CONTRACTOR shall prepare a waste profile using characterization/sampling data for each waste lot and submit the waste profile to the EMWMF WAC Attainment Team.

The CONTRACTOR shall interact prior to preparing each waste profile with the EMWMF WAC Attainment Team to obtain the Waste Profile Annotate Outline and the WAC Forecasting Analysis Capability System Input Sheets and complete the waste profile and input sheets and revise if necessary until they are acceptable for approval consideration.

The CONTRACTOR shall communicate to the EMWMF WAC Attainment Team identifying the items in the Administrative WAC and Physical WAC that will b met without change and the items that will require an alternate approach or variance from the requirement under consideration. The CONTRACTOR will obtain approval of an alternate approach(s) or variance to obtain the waste lot approval.

The CONTRACTOR shall provide a plan for ensuring that waste not compliant with Land Disposal Requirements (LDR) will be treated in a manner that will result in the waste meeting the LDR in an acceptable manner.

C.6.3.2

Waste Handling Plan

The CONTRACTOR shall prepare a WHP for those waste streams designated disposal at the EMWMF per the Waste Handling Plan Annotated Outline in ORR FFA, Appendix 1-14. The WHP shall incorporate all relevant requirements identified in the Technical Information for Delivery of Waste to the EMWMF (23900-SC-BC008U-A001) (to be made available by the EMWMF WAC Attainment Team).

Table 1. Hot Cell D&D and Legacy Material Removal Facilities Descriptions

Building Number

Building

Description

Material of Construction

Size (ft2)

Identified Radiation

Identified

Chemical

Hazard

Special

Conditions

Scope

3026C

Krypton-85 Enrichment Facility/Radioisotope Development Lab A

Concrete

8,279

Cs, Co, C-14, Tritium

Lead

May find residual alpha, beta, tritium, krypton

Base scope is D&D of Hot Cells to Clean Slab.

3026D

Metal Segmenting Hot Cell Facility/Dismantling & Exam Hot Cells

Concrete

11,563

Cs, Eu, Am, Co

Lead

May find residua! alpha, beta, tritium, krypton

Base scope is D&D of Hot Cells to Clean Slab.

3038

Isotope Development Laboratory and Support Services (IDL)

Unreinforced Masonry

Brick Wall

7,773

Sr, Pu, Am, Eu, Tc, U, Pm, Y, Co, Cs

Asbestos, Lead,

PCB's

Demolition of water-

shielded hot cells and sample carousel area

Base scope is removal and disposition of legacy materials, abatements and preparation for D&D.

D&D to clean slab is ARRA optional scope pending funding availability.

2026

Radioactive Materials Analytical Laboratory and Support Services(RMAL)

Concrete Block and Steel Frame

28,144

Th, U, Np, Pu, Am, Cm, Cf, Co, Cs, Sr, I, Eu

Asbestos, Lead,

PCB's

Highly contaminated process vent & LLLW waste drain systems

Optional Scope is removal and disposition of legacy materials and abatements,

D&D to clean slab is ARRA optional scope pending funding availability.

3517

Fission Product Development Laboratory and Support Services (FPDL)

Concrete Block and Corrugated Aluminum

17,028

Cs, Sr, Pm, Tc, Ce, Am, Kr, Cm, Eu

Asbestos, Lead,

PCB's

Access to cells and removal of sources and other material in cells

Optional Scope. Removal and disposition of legacy materials is ARRA optional scope pending funding availability.

Table 2. Hot Cell D&D and Legacy Material - Estimated Quantities

		Estimated Volume		Solid					Liquid
		Cubic yd.	Gal.	Recycle	LLW	Mixed	TRU	ACM	PW	LLLW	Recycle	Other
Building 3026C/D
Base Action	(D&D)	3092			3092

Building 2026
Option	(Legacy Removal)	410	1806	348		62			13	1493	300	21
Option	(Prep. For D&D)	1437			763		3	671
Option	(D&D)	6102			6102

Building 3038
Base Action	(Legacy/Prep. For D&D )	168a	47	8	145	9	6			12		351
Option	(D&D)	1248			1248

Building 3517
Option	(Legacy Removal)	148	60	26	114	7			55	5		12

a Excluding 6 concrete containers and metal waste boxes external to building

1 Non-wastewaster - liquid

2 Greater than Class C - solid

C.6.4

Safety Basis Document Updates/Changes

The CONTRACTOR shall operate within the current approved Safety Basis (SB) documents applicable to all work under this contract. The CONTRACTOR shall accept the existing SB documents [e.g., Safety Analysis Report (SAR), Documented Safety Analysis (DSA), Technical Safety Requirements (TSR), and Safety Evaluation Report (SER)] and supporting documents such as a Fire Hazards Analysis (FHA) and revise them to reflect how the CONTRACTOR plans to implement the scope of work and the resulting hazards, and needed controls in accordance with the requirements of 10 CFR 830.

C.6.5

Abatements

The CONTRACTOR shall safely identify, characterize, and perform abatement activities. Prior to abatement work, CONTRACTOR shall identify utility systems that require shutdown for safe abatement work performance. CONTRACTOR shall conduct lockout/tagout of required utilities, as appropriate, in coordination with UT-B prior to and during abatement. CONTRACTOR shall coordinate with UT-B for the disconnection of any utility needed to perform abatement activities.

The CONTRACTOR shall use characterization/sampling data to identify asbestos and beryllium contamination and perform abatement of regulated asbestos- containing material (RACM.) and beryllium in a manner that is protective of worker health, prevents release to the environment, and meets requirements as provided by regulatory guidance approved for implementation within the facility by trained/qualified personnel. RACM or beryllium that cannot be abated because of safety issues or inaccessibility will be clearly identified by the CONTRACTOR and abatement or special handling will be implemented during future D&D. The CONTRACTOR will ensure that RACM or beryllium-contaminated equipment removed during abatement shall be containerized as provided by regulation and/or in a manner acceptable to the receiving disposal facility and transported to disposal in a manner that meets regulatory requirement, guideline, and applicable transportation requirements.

The CONTRACTOR shall remove and dispose of all universal waste from the facility. The CONTRACTOR shall remove all electrical/electronic circuit boards and anomalous wastes from wastes that are destined to be disposed at the EMWMF.

C.6.6

Equipment Decontamination

Before removal of equipment and tools from a facility that includes a radiological controlled area, items must be released from the site after completing a radiological release survey. The CONTRACTOR shall ensure that all equipment and tools removed from a facility for use at another location complies with a radiological release survey.

The CONTRACTOR will be responsible for decontaminating equipment and tools that cannot be released following a radiological release survey using a appropriate methods to meeting release criteria. If decontamination efforts are abandoned and the equipment or tool is designated as waste, subsequent disposition is the CONTRACTOR's responsibility.

C.6.7

Waste Management

C.6.7.1

Liquid Waste

CONTRACTOR shall manage all wastewaters generated during the D&D activities at all facilities addressed in this SOW, including any potentially contaminated liquids generated in the course of hazardous materials abatement/removal, conducting hazard reduction/radiological control work, decontamination activities, building demolition, or any other required activities. Wastewaters include, but are not limited to, abatement related liquids, decontamination liquids, and hazard control/reduction liquids. The CONTRACTOR shall ensure that contaminated materials removed during the D&D process are covered and/or otherwise contained and isolated from contact with uncontaminated waters or other media to prevent cross contamination.

Wastewaters shall be treated at one of the existing ORNL water treatment facilities which include the Process Wastewater Treatment Complex (Buildings 3544 and 3608) and the Liquid Low Level Waste Evaporation Facility (Building 2531). The CONTRACTOR shall coordinate with the Liquid and Gaseous Waste Operations (LGWO) subcontractor for the management, treatment (if required), and disposal of generated wastewaters.

The CONTRACTOR shall meet applicable wastewater treatment criteria for disposal of water at ORNL facilities. Transfer of liquids to treatment via existing piping is preferable when available and will be coordinated by the CONTRACTOR with UT-B and the LGWO treatment facility subcontractor. When access to existing piping is not possible, transport of liquids via tanker truck to one of the existing ORNL water treatment facilities shall be the responsibility of the CONTRACTOR in coordination with the LGWO subcontractor.

C.6.7.2

Solid Waste

The CONTRACTOR shall characterize, segregate, and obtain certifications and approvals, package, and transport D&D-generated waste for disposal. Waste minimization will be implemented to remove material that can be reused or recycled and through segregation of wastes to reduce to the extent practicable the volume placed into disposal facilities with a WAC for more highly contaminated waste.

C.6.7.3

Waste Generation Forecast

The CONTRACTOR shall prepare and submit a waste generation forecast (WGF) that includes the waste type, volume and generation timeframe for wastes generated by this D&D action. Actual waste generation records will be maintained and when values for the WGF are recognized as having changed significantly, revisions to the WGF will be submitted.

C.6.8

Regulatory Documentation

In the conduct of the work performed under this task order, the CONTRACTOR agrees to establish and/or maintain and submit regulatory documentation for DOE review and approval. These submittals would include a: Sampling and Analysis Plans (SAPs), Waste Profiles, Waste Handling Plans (WHPs), and any other documentation necessary to satisfy all other criteria of the WAC attainment process, Other regulatory documentation would include documentation needed to meet the requirements for the disposition of the wastes at a DOE approved treatment and/or disposal (TSD) facilities

The CONTRACTOR has the responsibility to perform activities in connection with DOE policies and procedures regarding at its nuclear facilities. Therefore, the CONTRACTOR shall require its subcontractors to comply with the Contractor's approved regulatory project submittals and plans.

C.6.9

Offsite Disposal

The CONTRACTOR shall be responsible for waste transportation with all transportation of wastes to meet requirements established through a transportation SB or meet DOT requirements including containment of wastes, labeling containers, and shipment placarding. The means of shipment must be compatible with the waste treatment or disposal facility's capabilities for unloading and placing wastes. For each shipment of waste, shipping documentation is required (i.e., Bill of Lading or Waste Manifest) depending on characterization of the containerized waste based on DOT guidelines.

The CONTRACTOR will inform and coordinate shipments of wastes with DOE and the waste treatment and disposal facilities to meet schedules and established milestones.

The CONTRACTOR shall complete all arrangements necessary with treatment and disposal facility organizations to ensure that waste shipped to their respective facilities are containerized acceptably, all WAC requirements are met, schedules for shipments are established and followed, and administrative requirements established by each treatment or disposal facility are met.

C.6.10

Onsite Disposal

The CONTRACTOR shall disposition wastes at onsite facilities unless the WAC for the onsite waste facilities cannot be met or direction is given by DOE to use an offsite treatment and/or disposal facility. The EMWMF is the first choice for disposal of contaminated wastes. However, wastes that can be surveyed or minimally treated to meet ORR Landfills waste profiles may be diverted for disposition in the EMWMF to instead be placed in the appropriate ORR Landfill.

When the waste lot approval is issued EMWMF WAC Attainment Team, the CONTRACTOR will contact the EMWMF operations management and waste scheduling and transportation organization to arrangement for beginning shipments of wastes for disposition to the EMWMF.

The CONTRACTOR shall obtain access to and use form UNC-2109 to document the approved waste profiles for disposition of wastes at the ORR Landfills.

The CONTRACTOR shall interface with BJC for the disposition of TRU wastes or waste containing TRU constituents. Wastes will be containerized based on the interchange with BJC as will the transfer of the waste containers.

The CONTRACTOR shall interface with DOE for disposition of wastes determined to have no disposition at onsite or offsite facilities. The interaction will identify the means of containerizing the waste and/or transferring the waste from the facility in which it was located.

C.6.11

Employee Training

Contractor's Responsibility: The Contractor shall provide fully qualified and trained personnel from its own resources to support ORO requirements. ORO may provide training assistance at its discretion at no cost to the Contractor. All training must be approved by the DC OR.

Mandatory Training: The Contractor shall ensure that all employees attend safety and security training once within 30 calendar days of beginning performance on this task order and at least once annually thereafter. Contractor shall ensure that every employee is instructed to safely and competently perform the work. Because this work will be performed at a Company-managed-and operated facility owned or leased by the DOE, a general training requirement is applicable for all contractor/ subcontractor employees who will have unescorted site access. Access to some facilities within ORNL may require training in addition to this general training. Contractors/ Subcontractors shall contact ORNL Training Management at (865) 574-1482 for information on obtaining this general training course.

C.6.12

Standards of Conduct

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary. All persons employed in the performance of this task order shall comply with the regulations and procedures pertaining to access and use of Government buildings, grounds, vehicles, equipment, and other property. Unofficial work or work unrelated to the task order cannot be performed at Government facilities.

SECTION D

PACKAGING AND MARKING

Section D of the ID/IQ Basic Contract is hereby incorporated by reference.

SECTION E

INSPECTION AND ACCEPTANCE

Section E of the ID/IQ Basic Contract is hereby incorporated by reference. In addition, the following clauses will apply.

E.l	INSPECTION

All testing and acceptance of deliverables shall be in accordance with DOE standards currently in place. Inspection of all items under this task order shall be accomplished by the DCO or the DCOR as a duly authorized representative of the Government.

E.2	ACCEPTANCE /FINAL ACCEPTANCE AND DECLARATION

(a)

Acceptance:

Acceptance of all work and effort under this task order (including reporting requirements of section H as related to the Recovery Act and "Deliverables" in Section J, Attachment A shall be accomplished by the DCO or DCOR.

(b)

Final Acceptance—Declaration of Physical Completion: See F.4

E.3	ACCESS AND CERTIFICATION

(a)

Access -

(1)

The Comptroller General and his representatives are authorized to examine any records of the contractor or any of its subcontractors that involve transactions relating to the task order or subcontract and to interview any officer or employee of the contractor or any of its subcontractors, regarding such transactions.

(2)

Any representative of an appropriate inspector general is authorized to examine any records of the contractor or any of its subcontractors that involves transactions relating to the task order or subcontract and to interview any officer or employee of the contractor or subcontractor regarding such transactions.

(3)

The Recovery Accountability and Transparency Board (The Board) and its representatives are authorized to conduct audits and reviews of contracts that use Recovery Act funds, hi addition to having access to records of the contractor and any of its subcontractors, and the right to interview any officer or employee of the contractor or subcontractor, the Board is also authorized to issue and enforce subpoenas to compel the testimony at public hearings, or otherwise, of persons who are not Federal officers or employees.

(b)

Certification - In order for the DCO to accept any products or services funded by the Recovery Act, the Contractor shall certify that the items were delivered and/or work was performed for a purpose authorized under the Recovery Act.

SECTION F

DELIVERIES OR PERFORMANCE

F.l	PERIOD OF PERFORMANCE

The period of performance for the Recovery Act work specified in Section C, SOW, shall be for the period of performance beginning as of the effective date of this task order and not to exceed September 30, 2011 (not withstanding Clause H.999 as related to "Covered Funds" definition). Actual period of performance will be based on the contractor's schedule of work to be performed.

F.2	PLACE OF PERFORMANCE

The place of performance for the resulting Task Order is ORNL located in Oak Ridge, Tennessee. For the specific sites within ORNL see Section C, SOW.

F.3	DELIVERABLES

The required deliverables and reporting requirements are as identified in Section J, Attachment A.

F.4	DECLARATION OF PROJECT COMPLETION

Upon physical completion of each TLIN (or OTLIN) requirements as set forth in the SOW, the contractor shall prepare a letter declaring that the work has been physically completed; the letter shall be delivered to the DCO, Following submittal of the letter, during the reasonableness review period. DOE will arrange for independent verification of the work accomplished. If DOE's independent verification does not substantiate the contractor's declaration, DOE will provide the contractor with a list of material deficiencies and a schedule for correcting those deficiencies. Following the Government's notification, the contractor shall correct all identified deficiencies, and submit an addendum to its letter of physical completion, final declaration letter. In tire event DOE determines that some deficiencies still exist, the contractor will be notified within 14 calendar days. Upon receipt of final independent verification report, DOE will approve final payment of all fees, and costs outstanding under the task order (upon Completion of Physical Completion Acceptance Period). The above procedures will continue until the DOE accepts correction of remaining deficiencies based on the Independent Verification Contractor (IVC) review. Only when DOE is certain that all material deficiencies have been corrected will final fee payment be released to the contractor.

For purposes of this task order, the following definitions will apply:

Declaration of Physical Completion: the Contractor's letter declaring the date of physical completion;

Reasonableness Review Period: the 30 calendar day DOE review following submission of Contractor's Declaration of Physical Completion Letter. If DOE determines the Declaration of Physical Completion as reasonable, then the physical completion date is fixed (as defined in the Fixed Physical Completion Date below). If DOE determines the Declaration of Physical Completion to be unreasonable, then the physical completion date is not fixed (e.g., the clock continues until a new letter declaring physical completion is submitted by the contractor and determined by DOE to be reasonable);

Fixed Physical Completion Date: (for fee calculation purposes) the date identified by Contractor in their Declaration of Physical Completion Letter AND determined by DOE to be reasonable. If a prior reasonableness review period(s) resulted in a determination that the declaration was unreasonable, the Fixed Physical Completion Date equals the date identified in the original Contractor Declaration of Physical Completion letter plus Contractor's time required to correct punch-list items identified in DOE's Reasonableness Review Period(s);

Declaration of Physical Completion Acceptance Period: thirty calendar days following completion of the Reasonableness Period to be used for DOE's generation of a punch-list of material deficiencies or acceptance of project as complete. All costs associated with the correction of punch-list items after the Fixed Physical Completion Date is unallowable;

Final Declaration Letter: Contractor's letter declaring completion of punch-list material deficiencies;

Final Declaration Letter Acceptance Period: thirty calendar day DOE review cycle following the contractor's submission of the final declaration letter, used for DOE to accept the project as complete or identify incomplete punch-list items;

Final Declaration Acceptance Letter: DOE letter accepting completion of punch-list items and Declaration of Physical Completion.

F.5	PERFORMANCE EVALUATION (JUL 2007) (REVISED)

On an annual basis, DOE will formally evaluate the Contractor's performance. The evaluation elements may include quality, cost control, timeliness of performance, business relations, customer/DOE satisfaction, key personnel performance and compliance with safety and security standards. The Contractor's performance against the performance objectives and measures will be reflected in the annual evaluation. This evaluation is in addition to the Award Fee evaluations.

SECTION G

CONTRACT ADMINISTRATION DATA

Section G of the ID/IQ Basic Contract is hereby incorporated by reference. In addition, the following clauses will apply:

G.1	DOE G1001 BILLING INSTRUCTIONS (REVISED)

Contractors will use Standard Form 1034 (Public Voucher for Purchases and Services Other Than Personal) when requesting reimbursement for work performed on cost- reimbursement type contracts.

Contractors must submit vouchers electronically through the Oak Ridge Financial Service Center's (ORFSC) Vendor Inquiry Payment Electronic Reporting System (VIPERS). VIPERS allows vendors to submit vouchers, attach supporting documentation and check the payment status of any voucher submitted to the DOE. To obtain access to and use VIPERS, please visit the web page at http://fmweb.oro.doe.gov/vipers.htm. Detailed instructions on how to enroll and use the system are provided on the web page. The submission of vouchers electronically will reduce correspondence and other causes for delay to a minimum and will facilitate prompt payment to the Contractor. Do not submit a paper copy of the voucher.

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

(a)

Statement of Cost

The following instructions are provided for use by the Contractor in the preparation and submission of the Statement of Cost:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(b)

Supporting Documentation

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

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

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

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

(c)

Recovery Act costs shall also be segregated in the invoice so as to identify those costs associated with each applicable appropriation at the local level of the following accounting and appropriations data as identified in Section B.3.

Accounting and Appropriations Data


Level	1	2	3	4	5	6	7	8	9
Numerical Characters	XX XX X	XXXX	XX	XXXXXX	XXXXX	XXXXXXX	XXXXXXX	XXXXXXX	XXXXXXX
Level Name	Fund	Appropriation Year	Allottee	Reporting Entity	Object Class	Program	Project	WFO	Local Use

(Include each appropriation, as applicable, in the above table.)

The contractor shall certify in each invoice that the costs included in the invoice for Recovery Act work were incurred only to accomplish the Recovery Act work in accordance with Section C. Other existing provisions applicable to invoice submission are applicable to Recovery Act invoices.

G.2	DESIGNATED CONTRACTING OFFICER'S REPRESENTATIVE (DCOR)

The DCOR will be designated by separate letter and will represent the DCO in the technical phases of the work. A copy of this designation letter shall be furnished to the Contractor. The DCOR is not authorized to change any of the terms and conditions of this task order. Changes in the Scope of Work will be made only by the DCO by properly written modification(s) to the task order. Additional DCOR(s) for other purposes as required may be designated in writing by the DCO.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.l	OTHER GOVERNMENT CONTRACTORS

The Government may undertake or award other contracts/task orders for additional work or services. The Contractor agrees to fully cooperate with such other contractors and Government employees and carefully fit its own work to such other work as may be directed by the DCO. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by Government employees. If DOE determines that the Contractor's activities may interfere with another DOE contractor, the DCO shall so notify the Contractor and the Contractor shall comply with any instructions the DCO may provide,

H.2	H.999 SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (APR 2009)

Preamble:

Work performed under this task order will be funded, in whole or in part, with funds appropriated by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act or Act). The Recovery Act's purposes are to stimulate the economy and to create and retain jobs. The Act gives preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds made available by it for activities that can be initiated not later than June 17, 2009.

Contractors should begin planning activities for their first tier subcontractors, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR).

Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related Guidance. For projects funded by sources other than the Recovery Act, Contractors should plan to keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act.

The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning the how and where for the new reporting requirements. The Contractor will be provided these details as they become available. The Contractor must comply with all requirements of the Act. If the contractor believes there is any inconsistency between Recovery Act requirements and current task order requirements, the issues will be referred to the DCO for reconciliation.

Be advised that special provisions may apply to projects funded by the Act relating to:

●

Reporting, tracking and segregation of incurred costs

●

Reporting on job creation and preservation;

●

Publication of information on the Internet;

●

Protecting whistleblowers; and

●

Requiring prompt referral of evidence of a false claim to the Inspector General.

Definitions:

For purposes of this clause, "Covered Funds" means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the task order and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015.

Non-Federal employer means any employer with respect to Covered Funds - the contractor or subcontractor, as the case may be, if the contractor or subcontractor is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving Covered Funds; or with respect to Covered Funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government.

Flow Down Provision - This clause must be included in every first-tier subcontract.

Segregation and Payment of Costs - Contractor must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. Where Recovery Act funds are authorized to be used in conjunction with other funding to complete projects, tracking and reporting must be separate from the original funding source to meet the reporting requirements of the Recovery Act and OMB Guidance.

Invoices must clearly indicate the portion of the requested payment that is for work funded by the Recovery Act.

Prohibition on Use of Funds - None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.

Wage Rates - All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan numbered 14 of 1950 (64 Stat. 1267, 5 U.S.C. App.) and section 3145 of title 40 United States Code. See http://www.dol.gov/esa/whd/contracts/dbra.htm.

Publication- Information about this agreement will be published on the Internet and linked to the website www.recovery.gov, maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code.

Registration Requirements - Contractor shall ensure that all first-tier subcontractors have a DUNS number and are registered in the Central Contractor Registration (CCR) no later than the date the first report is due under the Section I. clause entitled "52.204-11 American Recovery and Reinvestment Act - Reporting Requirements (MAR 2009).

Utilization of Small Business - Contractor shall to the maximum extent practicable give a preference to small business in the award of subcontracts for projects funded by Recovery Act dollars.

H.3	BASELINE AND REPORT REQUIREMENTS FOR WORK PERFORMED UNDER THE RECOVERY ACT

This clause defines the unique requirements for the contractor's project management baseline and associated reporting requirements to address the modified task order performance requirements as implemented in Section C, SOW, to be performed and funded under the provisions of the Recovery Act.

Baseline Requirements

(a)

Within 30 calendar days after award of task order, the contractor shall propose a Performance Baseline (the Performance Baseline is made up of the Performance Measurement Baseline, Management Reserve [spread by fiscal year] and fee [spread by fiscal year] for each subproject specified in Section C, SOW. This Performance Baseline shall use control accounts that will be made up of work packages. The Work Breakdown Structure (WBS) elements at the lowest level should roll up within the WBS structure and clearly identify the entire work to be performed. The proposed Performance Baseline shall include the following:

(1)

The contractor shall propose a Performance Baseline, at an 80 percent confidence level, for the work to be performed. This baseline shall be based upon the work and schedule included in the task order and the contractor's cost proposal. A month-by-month baseline or budgeted cost of work scheduled (BCWS)/planned value (PV) must be developed for the complete SOW. This will be the original baseline for Recovery Act work and shall include all of the work by WBS and the contractor's defined management reserve and fee. The sum of these three items shall equal the contractor price. This Performance Baseline is subject to independent project review and certification before approval by the government.

(2)

A network logic schedule utilizing Primavera (P6) will be developed at the activity level for each control account which includes milestones. The schedule must be resource loaded and coded to allow summarization and reconciliation of lower level activity budgets through the control accounts for the Performance Measurement Baseline.

(3)

The proposed Performance Baseline shall also include the planned quarterly summary of jobs "created" or "retained" by the contractor and first tier subcontractors as defined in the Section H clause entitled "Special provisions relating to work funded under American Recovery and Reinvestment Act of 2009."

Deliverables supporting the Recovery Act Performance Baseline shall include all deliverables required under existing task requirements, those Recovery Act deliverable and reporting requirements specified in the Section H clause entitled "Special provisions relating to work funded under American Recovery and Reinvestment Act of 2009" and those Recovery Act-unique deliverables listed below.

Work Breakdown Structure (WBS) and associated dictionary;

List of planning basis and assumptions;

Cost baseline description document that includes the basis of cost estimates;

Schedule baseline that employs a critical path method and is resource loaded such that earned value can be measured;

Organizational breakdown structure;

Responsibility assignment matrix that identifies Control Account Managers;

Earned value management system description and a self-assessment of compliance with ANSI/EIA-748-B, "Earned Value Management Systems;"

Project controls system description document;

Risk management plan with results of qualitative and quantitative analysis including S-curves, management reserve and schedule reserve determinations, risk mitigation/risk response plans, and risk register;

Technical design documentation;

Documented safety analysis;

Safety evaluation report (if required);

Safety design strategy;

Integrated safety management system description document and latest annual certification;

NEPA documentation (analysis of environmental impacts); and

Regulatory decision documents.

These documents shall be submitted to the DCO to support DOE review and baseline approval. The DCO may identify other documents as needed to support project reviews and audits.

(b)

The contractor shall support resolution of IPR or External Independent Review (EIR) corrective actions for the Performance Baseline submitted.

(1)

During the period preceding Performance Baseline approval by the Government, the contractor shall determine the budgeted cost of work scheduled (BCWS) and the budgeted cost of work performed (BCWP) on a monthly basis utilizing measurable units associated with each activity in the schedule (e.g., square foot reduction, foot print reduction, etc.), as appropriate, that will allow the reporting of the contractor's progress in accordance with the reporting requirements specified in the clause in Section H entitled "Special provisions relating to work funded under American Recovery and Reinvestment Act." The associated actual cost of work performed (ACWP)/actual cost (AC), cost and schedule variances and performance indices, and variance analyses shall be reported monthly.

Reporting Requirements

(2)

Within 30 calendar days of award of task order for Recovery Act work, the contractor shall begin reporting in accordance with the reporting requirements specified under existing task order requirements, those reporting requirements specified in the section H. clause entitled "Special provisions relating to work funded under American Recovery and Reinvestment Act of 2009, and those Recovery Act-unique deliverables listed below.

(3)

These reports shall be provided to the DCO on a monthly basis.

(i)

Contract Performance Report (Refer to OMB No. 0704-0188 or DD FORM: 2734/1, MAR 05) : Format 1 - WBS, Format 2 - Organizational Structure, Format 3 - Baseline, Format 4 - Staffing/Manpower Forecast, and Format 5 - Explanations and Problem Analyses.

(ii)

A Milestone report from Primavera reflecting status of all milestones being reported with columns for the scope, original planned date, current planned date, and the actual date the milestone was completed.

(iii)

A funds management report by Budgeting & Reporting (B&R) codes that identifies the amount of funds obligated to the task order and the amount of funds obligated to the contractor, and committed and expended by the contractor.

H.4	ORO H1001 WORKER SAFETY AND HEALTH PROGRAM (JAN 2007)

(a)

The Contractor shall comply with all applicable safety and health requirements set forth in 10 CFR 851, Worker Safety and Health Program. The Contractor shall develop, implement, and maintain a written Worker Safety and Health Plan (WSHP) which shall describe the Contractor's method for complying with and implementing the applicable requirements of 10 CFR 851, The WSHP shall be submitted to and approved by DOE. The approved WSHP must be implemented prior to the start of work. In performance of the work, the Contractor shall provide a safe and healthful workplace, and must comply with its approved WSHP and all applicable Federal and state environmental, health, and safety regulations. The Contractor shall take all reasonable precautions to protect the environment, health, and safety of its employees, DOE personnel, and members of the public. When more than one contractor works in a shared workplace, the Contractor shall coordinate with the other contractors to ensure roles, responsibilities, and worker safety and health provisions are clearly delineated. The Contractor shall participate in all emergency response drills and exercises.

(b)

The Contractor shall take all necessary and reasonable steps to minimize the impact of its work on DOE functions and employees, and immediately report all job-related injuries and/or illnesses which occur in any DOE facility to the DCOR, Upon request, the Contractor shall provide a copy of occupational safety and health self- assessments and/or inspections of work sites for job hazards for its DOE facilities to the DCOR,

(c)

The DCO may notify the Contractor, in writing, of any noncompliance with the terms of this clause, plus the corrective action to be taken. After receipt of such notice, the Contractor shall immediately take such corrective action.

(d)

In the event that the Contractor fails to comply with the terms and conditions of this clause, the DCO may, without prejudice to any other legal or contractual rights, issue a stop work order halting all or any part of the work. Thereafter, a start order for resumption of the work may be issued at the discretion of the DCO. The Contractor shall not be entitled to an equitable adjustment of the task order amount or extension of the performance schedule on any stop work order issued under this special task order requirement.

H.5	ORO H1003 SECURITY QUALIFICATIONS CJAN 2006)

(a)

The Contractor may be required to perform work in designated security areas or work with documents or information which may require an access authorization (clearance), Additionally, the scope of their work may require enrollment into the Human Reliability Program (HRP). The Contractor shall ensure that all personnel assigned under this task order and working with classified information, matter, and/or materials possess a DOE "Q" or "L" access authorization (clearance) matching the classification level of the data and information the employee will be required to work on in the performance of their assigned tasks.

(b)

Individuals that do not require a "Q" or "L" clearance will possess, as a minimum, if required, a Limited Site Specific Only (LSSO) badge and meet all access authorization requirements per HSPD-12, DOE N 206.4, and local procedures. For employees requiring DOE "Q" or "L" security clearances and/or LSSO badge, the Contractor shall not employ anyone who is not a citizen of the United States. (Clearance-Access authorizations are granted by the DOE pursuant to 10 CFR Part 710.) Security Badges must be worn properly at all times while working at any of the DOE and NNSA facilities.

(c)

Clearances will be provided and paid for by DOE. The request for clearance and renewal of clearances must be justified based on actual job performance requirements. The DCO, in coordination with the appropriate Federal security representative, may waive the clearance requirement for personnel not involved with classified information while the appropriate access authorizations or badges are being processed, or for personnel associated with the program for short periods of time, such as consultants. In these cases, security requirements regarding these circumstances will be followed. The Contractor, on a case-by-case basis, will provide its own cleared escorts as needed. The DCOR or Designated Contract Technical Monitor (DCTM) will approve contractor personnel for escort privileges and provide escort training.

(d)

The Contractor shall be required to conduct pre-employment investigative screening of prospective employees in order to ensure trustworthiness and reliability for all individuals who do not possess a DOE "Q" access authorization. For these individuals, the Contractor shall provide certification to the COR that an investigative screening has been completed prior to employment. The certification shall include, as a minimum, verification of personal identity, previous employment and education, and the results of a credit and law enforcement check.

(e)

Requests for access authorization shall not be submitted until the task order has been awarded, and a favorable Foreign Ownership, Control, or Influence (FOCI) determination must be rendered by DOE before an access authorization will be granted, reinstated, continued, extended, or transferred for the contractor's applicant employment. Upon task order award, the Contractor is encouraged to use the DOE Accelerated Access Authorization Program (AAAP) to obtain an Interim "Q" access authorization. The request for AAAP shall include the certified results of the pre-employment investigative screening of the prospective employee and a local Federal review prior to approved submission under AAAP.

(f)

The Contractor shall turn in badges for employees: (1) who are no longer working on the task order; (2) who no longer require access; (3) when their badge expires; or (4) when the task order expires or is terminated. Badges shall be returned to the individual handling security terminations. Notification of employment terminations supporting this task order will be made in writing to the DCO and DCOR/DCTM.

(g)

In addition to the possible requirement of holding an access authorization, individuals, if the work position is identified as requiring enrollment in the Human Reliability Program (HRP) and/or maintaining currency under certain program requirements (e.g., annual HRP training) must be willing to comply with all regulatory requirements to be granted access under the HRP Federal rules and local procedures.

H.6	ORO H1002 SAFEGUARDS AND SECURITY AWARENESS PROGRAM (JAN 2007)

The Contractor shall establish and maintain a Safeguards and Security Awareness Program acceptable to the Department of Energy (DOE), which satisfies the requirements of the following directives:

DOE M 470.4-1, Chg 1, Safeguards and Security Program Planning and Management

A Safeguards Security Awareness Coordinator must be appointed and will be responsible for ensuring all employees, cleared and uncleared, who are assigned to a DOE facility or who are performing work involving access to classified facilities, classified information, or special nuclear materials are informed of their security responsibilities. Any subcontracts in support of this work shall require subcontractors to comply with the Contractor's Safeguards and Security Awareness Program.

H.7	CONTRACT ASSIGNMENT (JUL 2007)

Both parties recognize that the Government may assign this task order to another Government prime contractor to be administered as a subcontract. The contractor may not assign or novate the task order without prior approval of DOE.

H.8

CHANGES

In accordance with Section I, clause 52.243-6, the Contractor shall implement Change Order Accounting for changes exceeding $100,000. Change Order Accounting shall be implemented in all instances when the Contractor anticipates a change.

H.9	LABOR RELATIONS

(a)

The Contractor shall respect the right of employees to organize 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.

(b)

The Contractor shall meet with the DCO or designee(s) for the purpose of reviewing the Contractor's bargaining objectives prior to negotiations of any collective bargaining agreement or revision thereto and shall consult with and obtain the approval of the DCO regarding appropriate economic bargaining parameters, including those for pension and medical benefit costs, prior to the Contractor entering into the collective bargaining process. During the collective bargaining process, the Contractor shall notify the DCO before submitting or agreeing to any collective bargaining proposal which can be calculated to affect allowable costs under this Contract or which could involve other items of special interest to the Government. During the collective bargaining process, the Contractor shall obtain the approval of the DCO before proposing or agreeing to changes in any pension or other benefit plans.

(c)

The Contractor will seek to maintain harmonious bargaining relationships that reflect a judicious expenditure of public funds, equitable resolution of disputes and effective and efficient bargaining relationships consistent with the requirements of FAR, Subpart 22.1 and DEAR, Subpart 970.2201 and all applicable Federal and State Labor Relations laws,

(d)

The Contractor will notify the DCO or designee in a timely fashion of all labor relations issues and matters of local interest including organizing initiatives, unfair labor practice, work stoppages, picketing, labor arbitrations, and settlement agreements and will furnish such additional information as may be required from time to time by the DCO.

H.10	LOCAL LABOR RELATIONS

A project labor agreement is available to those contractors performing this SOW at the Oak Ridge National Laboratory (ORNL). Harmonious labor relations between labor and management and the various contractors working at the site are expected and encouraged.

H.ll	RELOCATION COSTS

Costs incurred with regard to relocating an employee to the work site are allowable in accordance with FAR 31.205-35, Relocation Costs. However, the Contractor shall keep the number of employees relocated to a minimum. The contractor shall submit apian for the first year of the base performance period, and every year thereafter, for advance written approval of the Contracting Officer regarding the temporary and permanent relocation of all employees to the local area and charging the cost, or any portion thereof, to the contract. Unless otherwise agreed, exit relocation costs are not allowable.

H.12	CONFIDENTIALITY OF INFORMATION

(a)

To the extent that the work under this contract/Task Order requires that the contractor be given access to confidential or proprietary business, technical, or financial information belonging to the Government or other companies, the contractor shall, after receipt thereof, treat such information as confidential and agree not to appropriate such information to its own use or to disclose such information to third parties unless specifically authorized by the CO or DCO in writing. The foregoing obligations, however, shall not apply to:

(1)

Information which, at the time of receipt by the contractor, is in the public domain;

(2)

Information which is published after receipt thereof by the contractor or otherwise becomes part of the public domain through no fault of the contractor;

(3)

Information which the contractor can demonstrate was in his possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies;

(4)

Information which the contractor can demonstrate was received by it from a third party who did not require the contractor to hold it in confidence.

(b)

The contractor shall obtain the written agreement, in a form satisfactory to the CO or DCO, of each employee permitted access, whereby the employee agrees that he will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the contractor's organization directly concerned with the performance of the contract.

(c)

The contractor agrees, if requested by the Government, to sign an agreement identical, in all material respects, to the provisions of this clause, with each company supplying information to the contractor under this contract, and to supply a copy of such agreement to the CO or DCO. From time to time upon request of the CO or DCO, the contractor shall supply the Government with reports itemizing information received as confidential or proprietary and setting forth the company or companies from which the contractor received such information.

(d)

The contractor agrees that upon request by DOE it will execute a DOE-approved agreement with any party whose facilities or proprietary data it is given access to or is furnished., restricting use and disclosure of the data or the information obtained from the facilities. Upon request by DOE, such an agreement shall also be signed by contractor personnel.

(e)

This clause shall flow down to all subcontracts.

H.13	QUALITY ASSURANCE (QA) FOR WORK AFFECTING NUCLEAR SAFETY

The Contractor shall implement a DOE-approved Quality Assurance Program (QAP) (Section J, Attachment A) in accordance with the EM Quality Assurance Program, EM-QA-001, prior to commencement of work affecting nuclear safety. The EM QAP provides the basis to achieve quality across the EM complex for all mission-related work while providing a consistent approach to Quality Assurance (QA).

EM requires that American Society of Mechanical Engineers (ASME) NQA-1, 2004, Qualify Assurance Requirements for Nuclear Facility Applications, and addenda through 2007 be implemented as part of the Contractor's QAP for work affecting nuclear safety. The required portions of NQA-1 to be implemented include: Introduction, Part I, and as applicable portions of Part II. NQA-1 Parts III and IV are to be used as guidance for the Contractor's QAP and implementing procedures.

Contractors have three options for complying with this contract requirement:

Develop and submit for DOE approval a new QAP;

Adopt the prior Contractor's DOE-approved QAP; or,

Modify the prior Contractor's DOE-approved QAP and submit it for DOE approval.

Development of a new QAP, or adoption of an existing or modified version of a QAP from a prior contractor, does not alter a contractor's legal obligation to comply with 10 CFR 830, other regulations affecting QA and DOE Order 414.1C.

The Contractor's QAP shall describe the overall implementation of the EM QA requirements and shall be applied to all work performed by the Contractor (e.g., research, design/engineering, construction, operation, budget, mission, safety, and health).

The Contractor shall develop and implement a comprehensive Issues Management System for the identification, assignment of significance category, and processing of nuclear safety-related issues identified within the Contractor's organization. The significance assigned to the issues shall be the basis for all actions taken by the contractor in correcting the issue from initial causal analysis, reviews for reporting to DOE, through completion of Effectiveness Reviews if required based on the seriousness of the issue.

The Contractor shall, at a minimum, annually review and update as appropriate their QAP. The review and any changes shall be submitted to DOE for approval. Changes shall be approved before implementation by the Contractor.

SECTION I

CONTRACT CLAUSES

Section I of the ID/IQ Basic Contract and the following clauses are hereby incorporated by reference.

52.203-13	CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2008)
52.203-14	DISPLAY OF HOTLINE POSTER(S) (APRIL 2008)
52.204-9	PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007)
52.204-10	REPORTING SUBCONTRACT AWARDS (SEPT 2007)
52.222-22	PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
52.222-25	AFFIRMATIVE ACTION COMPLIANCE (APRIL 1984)
52.222-26	EQUAL OPPORTUNITY (MAR 2007)
52.222-39	NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)
52.223-3	HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
52.227-2	NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)
52.230-6	ADMINISTRATION OF COST ACCOUNTING STANDARDS (MAR 2008)
52.230-7	PROPOSAL DISCLOSURE—COST ACCOUNTING PRACTICE CHANGES (APRIL 2005)
52.234-4	EARNED VALUE MANAGEMENT SYSTEM (JULY 2006)
52.242-15	STOP-WORK ORDER (AUG 1989)
52.246-5	INSPECTION OF SERVICES - COST-REIMBURSEMENT (APRIL 1984)
52.248-1	VALUE ENGINEERING (FEB 2000)
952.204-2	SECURITY REQUIREMENTS (JUNE 2009)
952.223-76	CONDITIONAL PAYMENT OF FEE OR PROFIT - SAFEGUARDING RESTRICTED DATA AND OTHER CLASSIFIED INFORMATION AND PROTECTION OF WORKER SAFETY AND HEALTH (JAN 2004)
952.226-74	DISPLACED EMPLOYEE HIRING PREFERENCE (JUN 1997)
952.242-70	TECHNICAL DIRECTION (DEC 2000)

In addition, the following clauses will apply:

I.1	52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAR 2009)

(a)

The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(b)

The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

I.2	52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS (MAR 2009)

(a)

Definitions. As used in this clause-

Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, task orders include (but are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering agreements; letter task orders; orders, such as purchase orders, under which the task order becomes effective by written acceptance or performance; and bilateral task order modifications. Task orders do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of task orders, see FAR Part 16.

First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor whose task order is funded by the Recovery Act.

Jobs created means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as "full-time equivalent" (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Jobs retained means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as "full-time equivalent" (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

Total compensation means the cash and noncash dollar value earned by the executive during the contractor's past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1)

Salary and bonus.

(2)

Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3)

Earnings for services under non-equity incentive plans does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4)

Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5)

Above-market earnings on deferred compensation which is not tax-qualified.

(6)

Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b)

This task order requires the contractor to provide products and/or services that are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this task order. These reports will be made available to the public.

(c)

Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d)

The Contractor shall report the following information, using the online reporting tool available at http://www.FederalReporting.gov <http://frwebgate.access.gpo.gov/cgi- bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.FederalReportin g.gov>.

(1)

The Government task order and order number, as applicable.

(2)

The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government's on-line reporting tool,

(3)

A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4)

Program or project title, if any.

(5)

A description of the overall purpose and expected outcomes or results of the task order, including significant deliverables and, if appropriate, associated units of measure.

(6)

An assessment of the contractor's progress towards the completion of the overall purpose and expected outcomes or results of the task order (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the task order (or portion thereof) funded by the Recovery Act,

(7)

A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor's workforce. At a minimum, the contractor shall provide—

(i)

A brief description of the types of jobs created and jobs retained in the United States and outlying areas (see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor's existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii)

An estimate of the number of jobs created and jobs retained by the prime contractor, in the United States and outlying areas. A job cannot be reported as both created and retained.

(8)

Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the task order is awarded if--

(i)

In the Contractor's preceding fiscal year, the Contractor received—

(A)

80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B)

$25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii)

The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d» or section 6104 of the Internal Revenue Code of 1986.

(9)

For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10)

For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i)

Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii)

Name of the subcontractor.

(iii)

Amount of the subcontract award.

(iv)

Date of the subcontract award.

(v)

The applicable North American Industry Classification System (NAICS) code.

(vi)

Funding agency.

(vii)

A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(viii)

Subcontract number (the contract number assigned by the prime contractor).

(ix)

Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x)

Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x)

Names and total compensation of each of the subcontractor's five most highly compensated officers, for the calendar year in which the subcontract is awarded if - -

(A)

In the subcontractor's preceding fiscal year, the subcontractor received - -

(1)

80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2)

$25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B)

The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the International Revenue Code of 1986.

I.3	52.215-2 AUDIT AND RECORDS—NEGOTIATION (JUNE 1999), ALTERNATIVE I (MAR 2009)

(a)

As used in this clause, "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 Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, 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 contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract.

(c)

Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, 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 Contractor'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 contract, subcontract, or modification; or

(4)

Performance of the contract, subcontract or modification.

(d)

Comptroller General or Inspector General.

(1)

The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i)

Examine any of the Contractor's or any subcontractor's records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii)

Interview any officer or employee regarding such transactions.

(2)

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

(e)

Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating—

(1)

The effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports; and

(2)

The data reported.

(f)

Availability. The Contractor 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 clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, 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 contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2)

The Contractor 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) (1)

Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract. The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.

(2)

The authority of the Inspector General under paragraph (d)(l)(ii) of this clause does not flow down to subcontracts.

I.4	52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule (Section B) as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days of the date to exercise the option in Section B. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

I.5	52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUNE 2003)

(a)

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

(b)

General.

(1)

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

(2)

Any award resulting from this solicitation will be made to a small business concern.

(c)

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

I.6	52.222-38 COMPLIANCE WITH VETERAN'S EMPLOYMENT REPORTING REQUIREMENTS (PEC 2001)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), it has submitted the most recent VETS-100 Report required by that clause.

I.7	52.222-54 EMPLOYMENT ELIGIBILTY VERIFIATION (JAN 2009)

(a)

Definitions. As used in this clause—

"Commercially available off-the-shelf (COTS) item"—

(1)

Means any item of supply that is—

(i)

A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii)

Sold in substantial quantities in the commercial marketplace; and

(iii)

Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2)

Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), "bulk cargo" means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

"Employee assigned to the contract" means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee—

(1)

Normally performs support work, such as indirect or overhead functions; and

(2)

Does not perform any substantial duties applicable to the contract.

"Subcontract" means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contractor a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

"United States", as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.

(b)

Enrollment and verification requirements.

(1)

If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall—

(i)

Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii)

Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii)

Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2)

If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of—

(i)

All new employees.

(A)

Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B)

Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii)

Employees assigned to the contract, For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section),

(3)

If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4)

Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of—

(i)

Enrollment in the E-Verify program; or

(ii)

Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E- Verify program Memorandum of Understanding (MOU).

(5)

The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

(i)

The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official.

(ii)

During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.

(c)

Web site. Information on registration for and use of the E-Verify program can obtained via the Internet at the Department of Homeland Security Web site: http://www. dhs. gov/E- Verify.

(d)

Individuals previously verified, The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee—

(1)

Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2)

Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or

(3)

Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors.

(e)

Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that—

(1)

Is for—

(i)

Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii)

Construction;

(2)

Has a value of more than $3,000; and

(3)

Includes work performed in the United States.

I.8	52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

(a)

The Contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge.

(b)

In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed under this contract, the Contractor shall furnish to the Government, when requested by the Contracting Officer, all evidence and information in Contractor's possession pertaining to claim or suit. Such evidence and information shall be furnished at the expense of the Government except where the Contractor has agreed to indemnify the Government.

(c)

The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that are expected to exceed the simplified acquisition threshold at FAR 2.101.

I.9	52.243-6 CHANGE ORDER ACCOUNTING (APR 1984)

The Contracting Officer may require change order accounting whenever the estimated cost of a change or series of related changes exceeds $100,000. The Contractor, for each change or series of related changes, shall maintain separate accounts, by job order or other suitable accounting procedure, of all incurred segregable, direct costs (less allocable credits) of work, both changed and not changed, allocable to the change. The Contractor shall maintain such accounts until the parties agree to an equitable adjustment for the changes ordered by the Contracting Officer or the matter is conclusively disposed of in accordance with the Disputes clause,

I.10	970.5223-4 WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES (DEC 2000)

(a)

Program Implementation. The Contractor shall, consistent with 10 CFR part 707, Workplace Substance Abuse Programs at DOE Sites, incorporated herein by reference with full force and effect, develop, implement, and maintain a workplace substance abuse program.

(b)

Remedies. In addition to any other remedies available to the Government, the Contractor's failure to comply with the requirements of 10 CFR part 707 or to perform in a manner consistent with its approved program may render the Contractor subject to: the suspension of contract payments, or, where applicable, a reduction in award fee; termination for default; and suspension or debarment.

AWARD/CONTRACT	1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350)	RATING	PAGE OF PAGES
			1	2

5. ISSUED BY	CODE	00518	6. ADMINISTERED BY (If other than Item 5)	CODE	00518
Oak Ridge U.S. Department of Energy P.O. Box 2001 Oak Ridge TN 37831			Oak Ridge U.S. Department of Energy P.O. Box 2001 Oak Ridge TN 37831

7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, country, State and ZIP Code)					8. DELIVERY

					oFOB ORIGIN xOTHER (See below)
SAFETY AND ECOLOGY CORPORATION					9. DISCOUNT FOR PROMPT PAYMENT
Attn: MARK DUFF
2800 SOLWAY ROAD					NET 30
KNOXVILLE TN 379313015

					10. SUBMIT INVOICES		ITEM
					(4 copies unless otherwise specified)
					TO THE ADDRESS SHOWN IN
CODE 825678758			FACILITY CODE
11.SHIP TO/MARK FOR		CODE	00522	12. PAYMENT WILL BE MADE BY		CODE	00502
Oak Ridge Office U.S. Department of Energy Oak Ridge Office 230 Warehouse Road Oak Ridge TN 37830				OR for Oak Ridge/OSTI U.S. Department of Energy Oak Ridge Office Oak Ridge Financial Service Center P.O. Box 6017 Oak Ridge TN 37831
13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:				14. ACCOUNTING AND APPROPRIATION DATA
o10 U.S.C. 2304(c) ( ) o 41 U.S.C.253 (c) ( )				See Schedule
15A. ITEM NO	15B. SUPPLIES/SERVICES			15C. QUANTITY	15D. UNIT		15E. UNIT PRICES		15F. AMOUNT
	Continued
15G. TOTAL AMOUNT OF CONTRACT								$16,624,810.36

16.TABLE OF CONTENTS
x	SEC.	DESCRIPTION	PAGE(S)	x	SEC.	DESCRIPTION	PAGE(S)
	PART I -THE SCHEDULE				PART II - CONTRACT CLAUSES
	A	SOLICITATION/CONTRACT FORM			I	CONTRACT CLAUSES
	B	SUPPLIES OR SERVICES AND PRICES/COSTS			PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
	C	DESCRIPTION/SPECS/WORK STATEMENT			J	LIST OF ATTACHMENTS
	D	PACKAGING AND MARKING			PART IV - REPRESENTATIONS AND INSTRUCTIONS
	E	INSPECTION AND ACCEPTANCE			K	REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
	F	DELIVERIES OR PERFORMANCE			K
	G	CONTRACT ADMINISTRATION DATA			L	INSTRS., CONDS., AND NOTICES TO OFFERORS
	H	SPECIAL CONTRACT REQUIREMENTS			M	EVALUATION FACTORS FOR AWARD

19A. NAME AND TITLE OF SIGNER (Type or print)		20A. NAME OF CONTRACTING OFFICER Karen S. Shears
19B. NAME OF CONTRACTOR /s/ Christopher P. Leichtweis	19C. DATE SIGNED April 7,2010	20B. UNITED STATES OF AMERICA BY Signature on File	20C. DATE SIGNED 03/30/2010
(Signature of person authorized to sign)		(Signature of Contracting Officer)

CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
17. o CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ___________ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the sollciation, if any, and (c) such provisions, representation, certifications, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.)		18. x AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number _________________________ including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any condition sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award/contract. No further contractual document is necessary.

CONTINUATION SHEET	REFERENCE NO. OF DOCUMENT BEING CONTINUED	PAGE OF
	DE-AM09-05SR22413/DE-DT0001335	2	2

ITEM NO. (A)	SUPPLIES/SERVICES (B)	QUANTITY (C)	UNIT (D)	UNIT PRICE (E)	AMOUNT (F)

	Tax ID Number: 62-1495562 DUNS Number: 825678758 TAS: : 8 9 0253: : TAS Recovery Act ORNL Hot Cells Project from Solicitation DE-SOL-0001283 Subj to Retent: NO Delivery: 03/30/2010 FOB: Destination Period of Performance: 03/30/2010 to 08/26/2011

00001	FOR OFFICIAL USE ONLY Demolition of 3026 Hot Cell				4,954,542.26

	Accounting Info: 1111376 Fund: 06049 Appr Year: 2009 Allottee: 30 Report Entity: 471999 Object Class: 25200 Program: 1111376 Project: 2002101 WFO: 0000000 Local Use: 0473054 TAS Agency: 89 TAS Account: 0253 Funded: $4,954,542.25

00002	FOR OFFICIAL USE ONLY 3038 Hot Cell material removal				11,670,268.10

	Accounting Info: 1111376 Fund: 06049 Appr Year: 2009 Allottee: 30 Report Entity: 471999 Object Class: 25200 Program: 1111376 Project: 2002101 WFO: 0000000 Local Use: 0473060 TAS Agency: 89 TAS Account: 0253 Funded: $11,670,268.10

*TLIN 3026 (Bldg 3026 D&D Hot Cells) - Estimated Cost	$	***
Base Fee (Not to Exceed (NTE) *** of estimated cost)	$	***
Total Available Award Fee (NTE *** of estimated cost)	$	***


TLIN 3026 TOTAL COST PLUS TOTAL FEE	$	4,954,542.25

*TLIN 3038 (Bldg 3038 Remove legacy material and prep for demo)	$	***
Base Fee (NTE *** of estimated cost)	$	***
Total Available Award Fee (NTE *** of estimated cost)	$	***

TLIN 3038 TOTAL COST PLUS TOTAL FEE	$	11,670,268.10

TOTAL COST of TLINs Plus Associated Fees	$	16,624,810.36

OTLIN 3038.1 (D&D Bldg 3038) - Estimated Cost	$	***
Base Fee (NTE *** of estimated cost)	$	***
Total Available Award Fee (NTE *** of estimated cost)	$	***

OTLIN 3038.1 TOTAL COST PLUS TOTAL FEE	$	1,226,198.77

OTLIN 2026.1 (2026 Complex, remove legacy material)	$	***
Base Fee (NTE *** of estimated cost)	$	***
Total Available Award Fee (NTE *** of estimated cost)	$	***

OTLIN 2026 TOTAL COST PLUS TOTAL FEE	$	8,046,031.00

OTLIN 2026.2 (Prep Complex 2026 for D&D)	$	***
Base Fee (NTE *** of estimated cost)	$	***
Total Available Award Fee (NTE *** of estimated cost)	$	***

OTLIN 2026.1 TOTAL COST PLUS TOTAL FEE	$	6,664,290.58

OTLIN 2026.3 (D&D Complex 2026)	$	***
Base Fee (NTE *** of estimated cost)	$	***
Total Available Award Fee (NTE *** of estimated cost)	$	***

OTLIN 2026.2 TOTAL COST PLUS TOTAL FEE	$	3,869,600.61

OTLIN 3517 (Remove Legacy Material Bldg 3517)	$	***
Base Fee (NTE *** of estimated cost)	$	***
Total Available Award Fee (NTE *** of estimated cost)	$	***

OTLIN 3517 TOTAL COST PLUS TOTAL FEE	$	13,775,585.23

TOTAL COST of OTLINs Plus Associated Fees	$	33,581,703.19