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HomeMy WebLinkAboutCONTRACT RENEWAL BETWEEN U.S. DEPARTMENT OF ENERGY AND AUGUSTA, GA (AUGUSTA REGIONAL AIRPORT AT BUSH FIELD) TO PROVIDE FOR AIRCRAFT SERVICES AND MATERIALS HANDLING FOR THE DOE IN SUPPORT OF THE SRS OPERATION SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF OFFEROR TO COMPLETE BLOCKS 12,17,23,24,it 30 17 NA 0 0 210 6 1 I 20 2.CONTRACT NO. 3.AWARD/ 4.ORDER NUMBER 5.SOLICITATION NUMBER 6.SOLICITATION DE-NA 0 0 0 3 7 0 8 EFFECTIVE DATE ISSUE DATE 10/01/2017 7. FOR SOLICITATIONa.NAME b.TELEPHONE NUMBER (No collect calls) 8.OFFER DUE DATE/LOCAL TIME INFORMATION CALL: Geraldine Duran 505-845-5975 9.ISSUED BY CODE 05113 10.THIS ACQUISITION IS ® UNRESTRICTED OR ❑SET ASIDE: %FOR: NNSA Services Acquisition Branch ❑SMALL BUSINESS 0 WOMEN-0WNED SMALL BUSINESS (WOW ELIGIBLE UNDER THE WOMEN-OWNED NA-APM-12 4 ❑HUBZONE SMALL SMAI I RIISINFSS PROGRAM NAlcs:4 8 819 0 Albuquerque Complex BUSINESS ❑EDWOSB P.O. Box 5400 ❑SERVICE-DISABLED ❑ 8(A) SIZE STANDARD: 5 3 2.5 VETERAN-OWNED Albuquerque NM 87185-5400 SMALL BUSINESS 11. DELIVERY FOR FOB DESTINA- 12.DISCOUNT TERMS 13b.RATING TION UNLESS BLOCK IS ❑13a. THIS CONTRACT IS A MARKED NET 30 RATED ORDER UNDER ❑SEE SCHEDULE DPAS(15 CFR 700) 14.METHOD OF SOLICITATION ORF] ❑IFB ❑RFP 15.DELIVER TO CODE 16.ADMINISTERED BY CODE I0 5113 Multiple Destinations NNSA Services Acquisition Branch NA-APM-124 Albuquerque Complex P.O. Box 5400 Albuquerque NM 87185-5400 17a.CONTRACTOR/ CODE 094079472 FACILITY 188.PAYMENT WILL BE MADE BY CODE 00503 OFFEROR CODE AUGUSTA-RICHMOND, COUNTY OF OR for NNSA Attn: Risa Bingham U.S. Department of Energy 1501 AVIATION WAY Oak Ridge Financial Service Center AUGUSTA GA 30906 P.O. Box 5807 Oak Ridge TN 37831 TELEPHONE NO. 7067983236 111176.CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b.SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 188 UNLESS BLOCK BELOW IS CHECKED ['SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Accounting Info: Fund: 00900 Appr Year: 2017 Allottee: 36 Report Entity: 410206 Object Class: 25299 Program: 2720075 Project: 0000000 WFO: 0000000 Local Use: 0000000 Period of Performance: 10/01/2017 to 09/30/2022 00001 CARGO LOADING AND UNLOADING IN SUPPORT OF 600,000.00 SHIPMENTS FOR NNSA SAVANNAH RIVER FIELD OFFICE - NA-SV: The Contractor hall furnish all Continued • • • (Use Reverse and/or Attach Additional Sheets as Necessary) 25.ACCOUNTING AND APPROPRIATION DATA 26.TOTAL AWARD AMOUNT(For Govt.Use Only) Sea.,.s.c�tle, u) $600,000.00 E 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 212-1,52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ❑ARE ❑ARE NOT ATTACHED. PO 27b.CONTRACT/PURL i WWii INCORPORATES BY FERENCE FAR 52.212-4.FAR 52.212-5 IS ATTACHED. ADDENDA ._.. � * ❑ARE ARE NOT ATTACHED. 28.CONTRACTOWI w� � DOCUMEN ND RETURN 1 ❑ 29.AWARD OF CONTRACT: OFFER COPIES To ,priler116lilllj •- REES TO RNISH AND DELIVER DATED . YOUR OFFER ON SOLICITATION(BLOCK 5), ALL ITEMJSOF H OR OTHERW I•-.0 T D ABOV,,AND ON ANY ADDITIONAL INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH SHEET915 E T• TBR • It SSPECIFIED. �y�Fj '04'. 1 HEREIN.IS ACCEPTED AS TO ITEMS: SIGN" F; ,'.. »�,k . ® 9 31a.UNITED STA • AMERICA(SIGNATURE OF CONTRACTING OFFICER) A a - is �� ./ Ob NAM ,, ,,I,E„i p a �i /f T%LE a / "" .rpn f-�' 1 30c.DATE SIGNED "!....CAME• CONTRACTING OFFICER(Type or print) 31c.DATE SIGNED 64(117; 4(117 � � �p0, / � ,, 1i/ ,//7 Geraldine D. Duran t�/�,/aD`�f I V UTHORIZED LOCAA�LY''R4v ON ` '�' ( STANDARD FORM 1449(REV.r2/2012) / REVIOUS EDIT F ` .k • 41" Prescribed by GSA-FAR(48 CFR)53.212 l+ , /- -... ..:,.,...sa:,..�......,,.. 410. kor e 4 ii, Pe,/ i t. .,x.. wr.r•as:�'.�..R.x^.1A,:<i'.4i;�YX+�i'1 2 of 20 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT personnel, services, materials, supplies (except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary for, or incident to, performing the services described in Section J, Attachment 1, Statement of Work. Pricing is based on firm-fixed unit prices with a Not-to-Exceed ceiling based on estimated order quantity and the price schedule set forth below. This Contract Item will be funded on an annual basis. It is anticipated that full funding will be provided. The parties agree that if additional funds are not provided to fully fund, the contract will be bilaterally descoped to the number of items corresponding to the funds available on the contract. The rates applicable to this contract are as follows: Year 1 $2,500 Estimated Quantity 48 Total Estimated Price $120,000 Year 2 $2,500 Estimated Quantity 48 Total Estimated Price $120,000 Year 3 $2,500 Estimated Quantity 48 Total Estimated Price $120,000 Year 4 $2,500 Estimated Quantity 48 Total Estimated Price $120,000 Year 5 $2,500 Estimated Quantity 48 Total Estimated Price $120,000 Continued . . . 32a.QUANTITY IN COLUMN 21 HAS BEEN ❑ RECEIVED INSPECTED ❑ACCEPTED,AND CONFORMS TO THE CONTRACT,EXCEPT AS NOTED: 32b.SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c.DATE 32d.PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32e.MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f.TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g.E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33.SHIP NUMBER 34.VOUCHER NUMBER 35.AMOUNT VERIFIED 36.PAYMENT 37.CHECK NUMBER CORRECT FOR ❑COMPLETE 0 PARTIAL ❑ FINAL ❑PARTIAL 0 FINAL 38.S/R ACCOUNT NUMBER 39.S/R VOUCHER NUMBER 40.PAID BY 41a.I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a.RECEIVED BY(Print) 41b.SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c.DATE 42b.RECEIVED AT(Location) 42c.DATE RECD(YY/MM/DD) 42d.TOTAL CONTAINERS STANDARD FORM 1449(REV.2/2012)BACK REFERENCE NO.OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET DE-NA0003708 3 I 20 NAME OF OFFEROR OR CONTRACTOR AUGUSTA-RICHMOND, COUNTY OF ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Line item value is: : $600,000.00 Incrementally Funded Amount: $114,000.00 Delivery: 09/30/2022 Delivery Location Code: 05009 NNSA Savannah River Field Office NA-SV NNSA Savannah River Field Office Building 246-H Aiken SC 29802 USA Amount: $600,000.00 00002 CANCELLATION CEILING: There are no cancellation 0.00 costs for this contract, however, the Government agrees to provide 60 days notice for cancellation of any CLIN. Cancellation ceiling for all years is $0.00. Obligated Amount: $0.00 Delivery: 60 Days After Notice to Proceed Delivery Location Code: 05001 NNSA Non M&O Contracting Operations NA-APM-12 Albuquerque Complex P.O. Box 5400 Albuquerque NM 87185-5400 USA Amount: $0.00 NSN 7540-01-152-8067 OPTIONAL FORM 336(4-86) Sponsored by GSA FAR(48 CFR)53.110 Section A-Solicitation/Contract Form 4 Clauses 4 Section B-Supplies or Services/Prices 11 Clauses 11 Section C-Description/Specifications 12 Clauses 12 Section D-Packaging and Marking 12 Clauses 12 Section E-Inspection and Acceptance 12 Clauses 12 Section F-Deliveries or Performance 12 Clauses 12 Section G-Contract Administration Data 13 Clauses 13 Section H-Special Contract Requirements 16 Clauses 16 Section I-Contract Clauses 18 Clauses 18 Section J-List of Documents,Exhibits and Other Attachments 20 List of Documents,Exhibits,and Other Attachments 20 Clauses 20 Section A-Solicitation/Contract Form Clauses 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Items.(JAN 2017) (a)The Contractor shall comply with the following Federal Acquisition Regulation(FAR)clauses, which are incorporated in this contract by reference,to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1)52.203-19,Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements(JAN 2017)(section 743 of Division E,Title VII,of the Consolidated and Further Continuing Appropriations Act,2015(Pub.L. 113-235)and its successor provisions in subsequent appropriations acts(and as extended in continuing resolutions)). (2)52.209-10,Prohibition on Contracting with Inverted Domestic Corporations(NOV 2015). (3)52.233-3,Protest After Award(AUG 1996)(31 U.S.C.3553). (4)52.233-4,Applicable Law for Breach of Contract Claim(OCT 2004)(Public Laws 108-77 and 108-78(19 U.S.C.3805 note)). (b)The Contractor shall comply with the FAR clauses in this paragraph(b)that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) [X](1)52.203-6,Restrictions on Subcontractor Sales to the Government(SEP 2006), with Alternate I(OCT 1995)(41 U.S.C.4704 and 10 U.S.C.2402). [X](2)52.203-13,Contractor Code of Business Ethics and Conduct(OCT 2015)(41 U.S.C.3509). Page 4 [](3)52.203-15,Whistleblower Protections under the American Recovery and Reinvestment Act of 2009(JUN 2010)(Section 1553 of Pub.L. 111-5).(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X](4)52.204-10,Reporting Executive Compensation and First-Tier Subcontract Awards(OCT 2016)(Pub.L. 109-282)(31 U.S.C.6101 note). (5)(Reserved) [](6)52.204-14,Service Contract Reporting Requirements(OCT 2016)(Pub.L. 111- 117,section 743 of Div.C). [](7)52.204-15,Service Contract Reporting Requirements for Indefinite-Delivery Contracts(OCT 2016)(Pub.L. 111-117,section 743 of Div.C). [X](8)52.209-6,Protecting the Government's Interest When Subcontracting with Contractors Debarred,Suspended,or Proposed for Debarment.(OCT 2015)(31 U.S.C. 6101 note). [X](9)52.209-9,Updates of Publicly Available Information Regarding Responsibility Matters(JUL 2013)(41 U.S.C.2313). [](10)(Reserved) [](11)(i)52.219-3,Notice of HUBZone Set-Aside or Sole-Source Award(NOV 2011) (15 U.S.C.657a). [](ii)Alternate I(NOV 2011)of 52.219-3. [](12)(i)52.219-4,Notice of Price Evaluation Preference for HUBZone Small Business Concerns(OCT 2014)(if the offeror elects to waive the preference,it shall so indicate in its offer)(15 U.S.C.657a). [](ii)Alternate I(JAN 2011)of 52.219-4. [](13)(Reserved) [](14)(i)52.219-6,Notice of Total Small Business Set-Aside(NOV 2011)(15 U.S.C. 644). [](ii)Alternate I(NOV 2011). [](iii)Alternate II(NOV 2011). [](15)(i)52.219-7,Notice of Partial Small Business Set-Aside(JUN 2003)(15 U.S.C. 644). [](ii)Alternate I(OCT 1995)of 52.219-7. [](iii)Alternate II(MAR 2004)of 52.219-7. [X](16)52.219-8,Utilization of Small Business Concerns(NOV 2016)(15 U.S.C. 637(d)(2)and(3)). [](17)(i)52.219-9,Small Business Subcontracting Plan(JAN 2017)(15 U.S.C. 637(d)(4)). [](ii)Alternate I(NOV 2016)of 52.219-9. Page 5 [](iii)Alternate II(NOV 2016)of 52.219-9. [](iv)Alternate III(NOV 2016)of 52.219-9. [](v)Alternate IV(NOV 2016)of 52.219-9. [](18)52.219-13,Notice of Set-Aside of Orders(NOV 2011)(15 U.S.C.644(r)). [](19)52.219-14,Limitations on Subcontracting(JAN 2017)(15 U.S.C.637(a)(14)). [](20)52.219-16,Liquidated Damages-Subcontracting Plan(JAN 1999)(15 U.S.C. 637(d)(4)(F)(i)). [](21)52.219-27,Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011)(15 U.S.C.6570. [X](22)52.219-28,Post Award Small Business Program Rerepresentation(JUL 2013) (15 U.S.C.632(a)(2)). [](23)52.219-29,Notice of Set-Aside for,or Sole Source Award to,Economically Disadvantaged Women-Owned Small Business Concerns(DEC 2015)(15 U.S.C. 637(m)). [](24)52.219-30,Notice of Set-Aside for,or Sole Source Award to,Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015)(15 U.S.C.637(m)). [X](25)52.222-3,Convict Labor(JUN 2003)(E.O. 11755). [X](26)52.222-19,Child Labor-Cooperation with Authorities and Remedies(OCT 2016)(E.O. 13126). [X](27)52.222-21,Prohibition of Segregated Facilities(APR 2015). [X](28)52.222-26,Equal Opportunity(SEP 2016)(E.O. 11246). [X](29)52.222-35,Equal Opportunity for Veterans(OCT 2015)(38 U.S.C.4212). [X](30)52.222-36,Equal Opportunity for Workers with Disabilities(JUL 2014)(29 U.S.C.793). [X](31)52.222-37,Employment Reports on Veterans(FEB 2016)(38 U.S.C.4212). [X](32)52.222-40,Notification of Employee Rights Under the National Labor Relations Act(DEC 2010)(E.O. 13496). [X](33)(i)52.222-50,Combating Trafficking in Persons(MAR 2015)(22 U.S.C.chapter 78 and E.O. 13627). [](ii)Alternate I(MAR 2015)of 52.222-50(22 U.S.C.chapter 78 and E.O. 13627). [X](34)52.222-54,Employment Eligibility Verification(OCT 2015).(E.O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [](35)(Removed) Page 6 Note to paragraph(b)(35):By a court order issued on October 24,2016,52.222-59 is enjoined indefinitely as of the date of the order.The enjoined paragraph will become effective immediately if the court terminates the injunction.At that time,DoD,GSA,and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. [](36)52.222-60,Paycheck Transparency(Executive Order 13673)(OCT 2016). [](37)(i)52.223-9,Estimate of Percentage of Recovered Material Content for EPA- Designated Items(MAY 2008)(42 U.S.C.6962(c)(3)(A)(ii)).(Not applicable to the acquisition of commercially available off-the-shelf items.) [](ii)Alternate I(MAY 2008)of 52.223-9(42 U.S.C.6962(i)(2)(C)).(Not applicable to the acquisition of commercially available off-the-shelf items.) [](38)52.223-11,Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons(JUN 2016)(E.O. 13693). [](39)52.223-12,Maintenance,Service,Repair,or Disposal of Refrigeration Equipment and Air Conditioners(JUN 2016)(E.O. 13693). [](40)(i)52.223-13,Acquisition of EPEAT®-Registered Imaging Equipment(JUN 2014)(E.O.s 13423 and 13514). [](ii)Alternate I(OCT 2015)of 52.223-13. [](41)(i)52.223-14,Acquisition of EPEAT®-Registered Televisions(JUN 2014)(E.O.s 13423 and 13514). (ii)Alternate I(JUN 2014)of 52.223-14. [](42)52.223-15,Energy Efficiency in Energy-Consuming Products(DEC 2007)(42 U.S.C.8259b). [](43)(i)52.223-16,Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)(E.O.s 13423 and 13514). [](ii)Alternate I(JUN 2014)of 52.223-16. [X](44)52.223-18,Encouraging Contractor Policies to Ban Text Messaging While Driving(AUG 2011) [](45)52.223-20,Aerosols(JUN 2016)(E.O. 13693). [](46)52.223-21,Foams(JUN 2016)(E.O. 13693). [](47)(i)52.224-3,Privacy Training(JAN 2017)(5 U.S.C.552a). [](ii)Alternate I(JAN 2017)of 52.224-3. [](48)52.225-1,Buy American-Supplies(MAY 2014)(41 U.S.C.chapter 83). [](49)(i)52.225-3,Buy American-Free Trade Agreements-Israeli Trade Act(MAY 2014)(41 U.S.C.chapter 83, 19 U.S.C.3301 note, 19 U.S.C.2112 note, 19 U.S.C.3805 note, 19 U.S.C.4001 note,Pub.L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42,and 112-43. [](ii)Alternate I(MAY 2014)of 52.225-3. Page 7 [](iii)Alternate II(MAY 2014)of 52.225-3. [](iv)Alternate III(MAY 2014)of 52.225-3. [](50)52.225-5,Trade Agreements(OCT 2016)(19 U.S.C.2501,et seq., 19 U.S.C. 3301 note). [X](51)52.225-13,Restrictions on Certain Foreign Purchases(JUN 2008)(E.O.'s, proclamations,and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [](52)52.225-26,Contractors Performing Private Security Functions Outside the United States(Oct 2016)(Section 862,as amended,of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.2302 Note). [](53)52.226-4,Notice of Disaster or Emergency Area Set-Aside(NOV 2007)(42 U.S.C.5150). [](54)52.226-5,Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)(42 U.S.C.5150). [](55)52.232-29,Terms for Financing of Purchases of Commercial Items(FEB 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). [](56)52.232-30,Installment Payments for Commercial Items(JAN 2017)(41 U.S.C. 4505, 10 U.S.C.2307(f)). [X](57)52.232-33,Payment by Electronic Funds Transfer-System for Award Management(JUL 2013)(31 U.S.C.3332). [](58)52.232-34,Payment by Electronic Funds Transfer-Other than System for Award Management(JUL 2013)(31 U.S.C.3332). [](59)52.232-36,Payment by Third Party(MAY 2014)(31 U.S.C.3332). [](60)52.242-5,Payments to Small Business Subcontractors(JAN 2017)(15 U.S.C. 637(d)(12)). [](61)52.239-1,Privacy or Security Safeguards(AUG 1996)(5 U.S.C.552a). [](62)(i)52.247-64,Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)(46 U.S.C.Appx. 1241(b)and 10 U.S.C.2631). [](ii)Alternate I(APR 2003)of 52.247-64. (c)The Contractor shall comply with the FAR clauses in this paragraph(c),applicable to commercial services,that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(Contracting Officer check as appropriate.) [X](1)52.222-17,Nondisplacement of Qualified Workers(MAY 2014)(E.O. 13495). [X](2)52.222-41,Service Contract Labor Standards(MAY 2014)(41 U.S.C.chapter 67). [X](3)52.222-42,Statement of Equivalent Rates for Federal Hires(MAY 2014)(29 U.S.C.206 and 41 U.S.C.chapter 67). Page 8 [X](4)52.222-43,Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment(Multiple Year and Option Contracts)(MAY 2014)(29 U.S.C.206 and 41 U.S.C.chapter 67). [X](5)52.222-44,Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment(MAY 2014)(29 U.S.0 206 and 41 U.S.C.chapter 67). [](6)52.222-51,Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,Calibration,or Repair of Certain Equipment-Requirements (MAY 2014)(41 U.S.C.chapter 67). [](7)52.222-53,Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements(MAY 2014)(41 U.S.C.chapter 67). [X](8)52.222-55,Minimum Wages Under Executive Order 13658(DEC 2015). [X](9)52.222-62,Paid Sick Leave Under Executive Order 13706(JAN 2017)(E.O. 13706). [](10)52.226-6,Promoting Excess Food Donation to Nonprofit Organizations(MAY 2014)(42 U.S.C. 1792). [](11)52.237-11,Accepting and Dispensing of$1 Coin(SEP 2008)(31 U.S.C. 5112(p)(1)). (d)Comptroller General Examination of Record.The Contractor shall comply with the provisions of this paragraph(d)if this contract was awarded using other than sealed bid,is in excess of the simplified acquisition threshold,and does not contain the clause at 52.215-2,Audit and Records- Negotiation. (1)The Comptroller General of the United States,or an authorized representative of the Comptroller General,shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2)The Contractor shall make available at its offices at all reasonable times the records, materials,and other evidence for examination,audit,or reproduction,until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention,of the other clauses of this contract.If this contract is completely or partially terminated,the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation,or claims are finally resolved. (3)As used in this clause,records include books,documents,accounting procedures and practices,and other data,regardless of type and regardless of form.This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1)Notwithstanding the requirements of the clauses in paragraphs(a),(b),(c),and(d)of this clause,the Contractor is not required to flow down any FAR clause,other than those in this paragraph(e)(1)of this paragraph in a subcontract for commercial items.Unless otherwise indicated below,the extent of the flow down shall be as required by the clause- (i)52.203-13,Contractor Code of Business Ethics and Conduct(OCT 2015)(41 U.S.C.3509). Page 9 (ii)52.203-19,Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements(JAN 2017)(section 743 of Division E,Title VII,of the Consolidated and Further Continuing Appropriations Act,2015(Pub.L. 113-235)and its successor provisions in subsequent appropriations acts(and as extended in continuing resolutions)). (iii)52.219-8,Utilization of Small Business Concerns(NOV 2016)(15 U.S.C. 637(d)(2)and(3)),in all subcontracts that offer further subcontracting opportunities.If the subcontract(except subcontracts to small business concerns)exceeds$700,000($1.5 million for construction of any public facility),the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv)52.222-17,Nondisplacement of Qualified Workers(MAY 2014)(E.O. 13495).Flow down required in accordance with paragraph(1)of FAR clause 52.222-17. (v)52.222-21,Prohibition of Segregated Facilities(APR 2015). (vi)52.222-26,Equal Opportunity(SEP 2016)(E.O. 11246). (vii)52.222-35,Equal Opportunity for Veterans(OCT 2015)(38 U.S.C.4212). (viii)52.222-36,Equal Opportunity for Workers with Disabilities(JUL 2014) (29 U.S.C.793). (ix)52.222-37,Employment Reports on Veterans(FEB 2016)(38 U.S.C.4212). (x)52.222-40,Notification of Employee Rights Under the National Labor Relations Act(DEC 2010)(E.O. 13496).Flow down required in accordance with paragraph(f)of FAR clause 52.222-40. (xi)52.222-41,Service Contract Labor Standards(MAY 2014)(41 U.S.C. chapter 67). (xii)[X](A)52.222-50,Combating Trafficking in Persons(MAR 2015)(22 U.S.C.chapter 78 and E.O. 13627). [](B)Alternate I(MAR 2015)of 52.222-50(22 U.S.C.chapter 78 and E.O. 13627). (xiii)52.222-51,Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,Calibration,or Repair of Certain Equipment-Requirements(MAY 2014)(41 U.S.C.chapter 67). (xiv)52.222-53,Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements(MAY 2014)(41 U.S.C.chapter 67). (xv)52.222-54,Employment Eligibility Verification(OCT 2015)(E.O. 12989). (xvi)52.222-55,Minimum Wages Under Executive Order 13658(DEC 2015). (xvii)(Removed) Note to paragraph(e)(1)(xvii):By a court order issued on October 24,2016, 52.222-59 is enjoined indefinitely as of the date of the order.The enjoined paragraph will become effective immediately if the court terminates the Page 10 injunction.At that time,DoD,GSA,and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii)52.222-60,Paycheck Transparency(Executive Order 13673)(OCT 2016)). (xix)(A)52.224-3,Privacy Training(JAN 2017)(5 U.S.C.552a). (B)Alternate I(JAN 2017)of 52.224-3. (xx)52.222-62 Paid Sick Leave Under Executive Order 13706(JAN 2017) (E.O. 13706). (xxi)52.225-26,Contractors Performing Private Security Functions Outside the United States(Oct 2016)(Section 862,as amended,of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.2302 Note). (xxii)52.226-6,Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014)(42 U.S.C. 1792).Flow down required in accordance with paragraph(e)of FAR clause 52.226-6. (xxiii)52.247-64,Preference for Privately Owned U.S.-Flag Commercial Vessels(FEB 2006)(46 U.S.C.Appx. 1241(b)and 10 U.S.C.2631).Flow down required in accordance with paragraph(d)of FAR clause 52.247-64. (2)While not required,the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 942.270-1 Contracting Officer's Representatives. Section B-Supplies or Services/Prices Clauses DOE-B-2006 Firm-Fixed-Price Contract(OCT 2014) (a)This is a firm-fixed-price contract.The Contractor shall provide the following work in accordance with Attachment 1,Statement of Work at the fixed unit prices specified: CLIN Item Description Number Quantity Item Unit Price Total CLIN Price CARGO LOADING AND UNLOADING IN SUPPORT OF SHIPMENTS FOR NNSA 00001 SAVANNAH RIVER FIELD OFFICE- $600,000.00 NA-SV:The Contractor shall furnish all personnel,services,materials,supplies (except as may be expressly CANCELLATION CEILING:There are no cancellation costs for this 00002 contract,however,the Government $0.00 agrees to provide 60 days notice for cancellation of any CLIN.Cancellation ceiling for all years is Total Contract Price $600,000.00 Page 11 (b)Payments of the fixed unit prices and the total contract price will be made in accordance with all applicable contract clauses addressing payment. (End of Clause) DOE-B-2012 Supplies/Services Being Procured/Delivery Requirements(OCT 2014) The Contractor shall furnish all personnel,facilities,equipment,material,supplies,and services(except as may be expressly set for in this contract as furnished by the Government)and otherwise do all things necessary for,or incident to,the performance of work as described in Section C,Statement of Work. (End of Clause) NNS-B-1002 CONTRACT TYPE:FIRM-FIXED-PRICE Total Price Not to Exceed$600,000.00 Applicable to following Line Items:0001 Section C-Description/Specifications Clauses DOE-C-2001 Statement of Work(OCT 2014) Found in Section J,Attachment 1. (End of Clause) Section D-Packaging and Marking Clauses No clauses in this section. Section E-Inspection and Acceptance Clauses 52.246-4 Inspection of Services-Fixed-Price.(AUG 1996) DOE-E-2001 Inspection and Acceptance(OCT 2014) Inspection and acceptance of all items under this contract shall be accomplished by the Contracting Officer in accordance with the clause entitled any other clauses applicable to inspection and/or acceptance.If the Contracting Officer assigns this responsibility to the Contracting Officer's Representative or another representative of the Government,the Contracting Officer shall notify the Contractor in writing. (End of Clause) Section F-Deliveries or Performance Clauses DOE-F-2002 Place of Performance-Services(OCT 2014) The services specified by this contract shall be performed at the following location(s): Augusta Regional Airport at BushField,Augusta,GA. Page 12 (End of Clause) DOE-F-2003 Period of Performance(OCT 2014) The Contractor shall commence performance of this contract in accordance with the contract terms and conditions on October 1,2017 and continue through September 30,2022. (End of Clause) Section G-Contract Administration Data Clauses DOE-G-2001 Contracting Officer Authority(OCT 2014) The Contracting Officer is responsible for administration of the contract.The Contracting Officer may appoint a Contracting Officer's Representative(COR),in accordance with the clause entitled Contracting Officer's Representative,to perform specifically delegated functions.The Contracting Officer is the only individual who has the authority on behalf of the Government,among other things,to take the following actions under the contract: (a)Assign additional work within the general scope of the contract. (b)Issue a change in accordance with the clause entitled Changes. (c)Change the cost or price of the contract. (d)Change any of the terms,conditions,specifications,or services required by the contract. (e)Accept non-conforming work. (f)Waive any requirement of the contract. (End of Clause) DOE-G-2002 Contracting Officer's Representative(OCT 2014) Pursuant to the clause at DEAR 952.242-70,Technical Direction,the Contracting Officer shall designate in writing a Contracting Officer's Representative(COR)for this contract,and provide a copy of such designation to the contractor,including the delegated responsibilities and functions.The COR does not have authority to perform those functions reserved exclusively for the Contracting Officer. (End of Clause) DOE-G-2003 Contractor's Program Manager(OCT 2014) (a)The Contractor shall designate a Program Manager who will be the Contractor's authorized supervisor for technical and administrative performance of all work hereunder.The Program Manager shall be the primary point of contact between the Contractor and the Contracting Officer's Representative(COR)under this contract. (b)The Program Manager shall receive and execute,on behalf of the Contractor,such technical directions as the COR may issue within the terms and conditions of the contract. (End of Clause) DOE-G-2004 Contract Administration(OCT 2014) Page 13 To promote timely and effective contract administration,correspondence delivered to the Government under this contract shall reference the contract number,title,and subject matter,and shall be subject to the following procedures: (a)Technical correspondence.Technical correspondence shall be addressed to the Contracting Officer's Representative(COR)for this contract,and a copy of any such correspondence shall be sent to Geraldine D.Duran.As used herein,technical correspondence does not include correspondence where patent or rights in data issues are involved,nor technical correspondence which proposes or involves waivers,deviations, or modifications to the requirements,terms or conditions of this contract. (b)Other Correspondence. (1)Correspondence regarding patent or rights in data issues should be sent to the Intellectual Property Counsel.A copy of such correspondence shall be provided to Geraldine D.Duran. (2)If no Government Contract Administration Office is designated on Standard Form 33(Block 24)or Standard Form 26(Block 6),all correspondence,other than technical correspondence and correspondence regarding patent of rights in data,including correspondence regarding waivers,deviations,or modifications to requirements,terms or conditions of the contract,shall be addressed to the Geraldine Duran[To Be Determined].Copies of all such correspondence shall be provided to the COR. (3)Where a Government Contract Administration Office,other than DOE,is designated on either Standard Form 33(Block 24),or Standard Form 26(Block 6),of this contract,all correspondence,other than technical correspondence,shall be addressed to the Government Contract Administration Office so designated,with copies of the correspondence to the(insert Contract Specialist or Contracting Officer)and the COR. (c)Information regarding correspondence addresses and contact information is as follows: (1)Contract Specialist: (A)Geraldine D.Duran (B)Telephone number 505-845-5975 (C)Address NA-APM-124.2,PO Box 5400,Albuquerque,NM 87185 (D)Email address geraldine.duran@nnsa.doe.gov (2)Contracting Officer (A)Geraldine Duran (B)Telephone number 505-845-5975 (C)Address Same as 1C above (D)Email address geraldine.duran@nnsa.doe.gov (3)Contracting Officer's Representative (A)R.Ryan Cox (B)Telephone number 803-208-3312 (C)Address NNSA Savannah River Field OFC NA-00-SV,Bldg 246-H,PO Box A,Aiken,SC 29802 (D)Email address robert.cox@nnsa.srs.gov Page 14 (4)Intellectual Property Counsel (A)Not Applicable (B)Telephone number Not Applicable (C)Address Not Applicable (D)Email address Not Applicable (5)Government Contract Administration Office See Item(c)(1)above (A)Name See Item(c)(1)above (B)Telephone number See Item(c)(1)above (C)Mailing address See Item(c)(1)above (D)Email address See Item(c)(1)above (End of Clause) DOE-G-2005 Billing Instructions(OCT 2014) (a)Contractors shall use Standard Form 1034,Public Voucher for Purchases and Services Other than Personal,when requesting payment for work performed under the contract. (b)Contractors shall submit vouchers electronically through the Oak Ridge Financial Service Center's (ORFSC)Vendor Inquiry Payment Electronic Reporting System(VIPERS).VIPERS allows vendors to submit vouchers,attach supporting documentation and check the payment status of any voucher submitted to the DOE.Instructions concerning contractor enrollment and use of VIPERS can be found at https://vipers.doe.gov. (c)A paper copy of a voucher that has been submitted electronically will not be accepted. (End of Clause) DOE-G-2007 Contractor Performance Assessment Reporting(OCT 2014) (a)The Contracting Officer will document the Contractor's performance under this contract(including any task orders placed against it,if applicable)by using the Contractor Performance Assessment Reporting System(CPARS).CPARS information is handled as"Source Selection Information."Performance assessments entered into CPARS by the Contracting Officer are transmitted to the Past Performance Information Retrieval System(PPIRS)which is maintained by the Department of Defense(DoD). Information in PPIRS is available to authorized Government personnel seeking past performance information when evaluating proposals for award. (b)Contractor performance will be evaluated at least annually at the contract or task order level,as determined by the Contracting Officer.Evaluation categories may include any or all of the following at the Government's discretion:(1)quality,(2)schedule,(3)business relations,(4)business management/key personnel,and(5)cost/price.PPIRS information is available at http://www.ppirs.gov,and CPARS information is available at http://www.cpars.gov.It is recommended that the Contractor take the overview training that can be found on the CPARS website.The Contractor shall acknowledge receipt of the Government's request for comments on CPARS assessments at the time it is received and shall respond to such requests within thirty(30)calendar days of the request. (c)Joint Ventures.Performance assessments shall be prepared on contracts with joint ventures.When the joint venture has a unique Commercial and Government Entity(CAGE)code and Data Universal Page 15 Numbering System(DUNS)number,a single assessment will be prepared for the joint venture using its CAGE code and DUNS number.If the joint venture does not have a unique CAGE code and DUNS number,separate assessments,containing identical narrative,will be prepared for each participating contractor and will state that the evaluation is based on performance under a joint venture and will identify the contractors that were part of the joint venture. (d)In addition to the performance assessments addressed above,the Government will perform other performance assessments necessary for administration of the contract in accordance with other applicable clauses in this contract. (End of Clause) DOE-G-2008 Non-supervision of Contractor Employees(OCT 2014) The Government shall not exercise any supervision or control over Contractor employees performing services under this contract.The Contractor's employees shall be held accountable solely to the Contractor's management,who in turn is responsible for contract performance to the Government. (End of Clause) Section H-Special Contract Requirements Clauses DOE-H-2013 Consecutive Numbering(OCT 2014) Due to automated procedures employed in formulating this document,clauses and provisions contained within may not always be consecutively numbered. (End of clause) DOE-H-2048 Public Affairs—Contractor Releases Of Information(OCT 2014) In implementation of the clause at DEAR 952.204-75,Public Affairs,all communications or releases of information to the public,the media,or Members of Congress prepared by the Contractor related to work performed under the contract shall be reviewed and approved by DOE prior to issuance.Therefore,the Contractor shall,at least 30 calendar days prior to the planned issue date,submit a draft copy to the Contracting Officer of any planned communications or releases of information to the public,the media,or Members of Congress related to work performed under this contract.The Contracting Officer will obtain necessary reviews and clearances and provide the Contractor with the results of such reviews prior to the planned issue date. (End of Clause) DOE-H-2051 Annual Representations And Certifications And Other Statements Of The Offeror (OCT 2014) (a)Pursuant to the clause at FAR 52.204-8,Annual Representations and Certifications,the Contractor's Online Representations and Certifications Application(ORCA)dated most current is hereby incorporated into the contract by reference. (b)The Contractor,by signing this contract,certifies that it has verified that its ORCA submission incorporated by reference into this contract pursuant to paragraph(a)above is current,accurate,complete, and applicable to this contract. (End of clause) DOE-H-2057 Department Of Labor Wage Determinations(OCT 2014) Page 16 The Contractor's performance under this contract shall comply with the requirements of the U.S. Department of Labor Wage Determination(s)located in Section J,Attachment 2 and the clause at FAR 52.222-42,Statement of Equivalent Rates for Federal Hires. (End of Clause) DOE-H-2066 Safeguards And Security Program(OCT 2014) (a)Pursuant to the clause at DEAR 952.204-2,Security,the Contractor agrees to comply with all security regulations and contract requirements as incorporated into the contract. (b)The Contractor shall comply with the requirements of those DOE directives,or parts thereof,identified below in implementing the requirements of this clause.The Contracting Officer,may,at any time, unilaterally amend this clause in order to add,modify or delete specific requirements. Directive No.Date Directive Title/Contract Requirements Document None applicable at this time. (End of Clause) DOE-H-2076 LOBBYING RESTRICTIONS(OCT 2014) The Contractor agrees that none of the funds obligated on this award shall be expended,directly or indirectly,to influence congressional action on any legislation or appropriation matters pending before Congress,other than to communicate to Members of Congress as described in 18 U.S.C. § 1913.This restriction is in addition to those prescribed elsewhere in statute and regulation. (End of clause) NNS-H-1013 IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION(UCNI) In the performance of this contract,the Contractor is responsible for complying with the DOE 0 471.1B requirements and for flowing down all requirements to subcontractors. NNS-H-1014 LIMITATION OF GOVERNMENT'S OBLIGATION (a)Of the price of$600,000.00,the sum of$114,000.00 is presently available for payment and allotted to this contract.It is anticipated that from time to time additional funds will be allotted to this contract until the total price of said item is allotted. (b)The Contractor agrees to perform or have performed work on said item up to the point at which,in the event of termination of this contract pursuant to FAR Clause 52.249-2"Termination for Convenience of the Government(Fixed Price)"the total amount payable by the Government(including amounts payable in respect of subcontracts and settlement costs),pursuant to paragraph(e)thereof,would in the exercise of reasonable judgment by the Contractor approximate the total amount at the time allotted to the contract. The Government shall not be obligated in any event to pay or reimburse the Contractor in excess of the amount from time to time allotted to the contract,anything to the contrary in the FAR Clause"Termination for Convenience of the Government(Fixed Price)"notwithstanding. (c)It is contemplated that funds presently allotted to this contract will cover the work to be performed until July 31,2018.The Contractor will notify the Contracting Officer in writing at least 60 days prior to the date when,in the Contractor's best judgment,the work will reach the point at which the total amount payable by the Government,including any cost for termination for convenience,will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable items.The notice shall state the estimated date when such point will be reached and the estimated amount of additional funds required to continue performance to the above or an agreed substituted date.The Contractor shall,30 days prior to the Page 17 date above written or agreed substitute date,advise the Contracting Officer in writing as to the estimated amount of additional funds which will be required for the timely performance of the contract for a further period,as may be specified in the contract or otherwise agreed to by the parties.If,after such later notification,additional funds are not allotted by the date above,the Contracting Officer will terminate any items for which additional funds have not been allotted,pursuant to FAR Clause 52.249-2"Termination for Convenience of the Government(Fixed Price)." (d)When additional funds are allotted from time to time for continued performance of the work under this contract,the parties shall agree on the applicable period of contract performance which shall be covered by such funds.The provisions of paragraphs(b)and(c)above shall apply to such additional allotted funds and substituted date pertaining thereto and the contract amended accordingly. (e)If the Contractor incurs additional costs,or is delayed in the performance of the work under this contract,solely by reason of the failure of the Government to allot additional funds in amounts sufficient for the timely performance of this contract,and if additional funds are allotted,an equitable adjustment shall be made in the price or prices of said items or in the time of delivery or both.Failure to agree to any such equitable adjustment hereunder shall be a dispute concerning a question of fact within the meaning of the clause in this contract entitled"Disputes." (f)The Government may at any time prior to termination,and with the consent of the Contractor,after notice of termination,allot additional funds for this contract. (g)Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to FAR Clause 52.249-2"Termination for Convenience of the Government(Fixed Price)." (End of clause) NNS-H-1021 INSTRUCTIONS FOR UPDATING FOREIGN OWNERSHIP,CONTROL OR INFLUENCE(FOCI)INFORMATION (a)In order to submit periodic updates or to report changes to Foreign Ownership,Control or Influence information as required by DEAR 952.204-2,Security,the Contractor shall use the DOE FOCI electronic submission system located at https://foci.anl.gov. (b)New users,when registering to update information under this contract,should select"NNSA Albuquerque Complex-Acquisition and Project Management(NA-APM)"as the FOCI Office that will review the FOCI Submission. (c)All FOCI documentation/forms shall be completed within the eFOCI system.NOTE:A completed SF 328,Certificate Pertaining to Foreign Interests,executed in accordance with the instructions on the certification section of the SF328,shall be printed,signed and uploaded into the eFOCI system.The SF 328 is required for first time submissions,any time there are changes to the SF 328,and at the request of the Cognizant Security Authority(CSA).Specific problems maneuvering through the fields within the eFOCI system can be clarified by contacting the eFOCI help desk at(630)252-6566 or fociserver@anl.gov mailto: fociserver@anl.gov. (End of clause) Section I-Contract Clauses Clauses 52.202-1 Definitions.(NOV 2013) 52.203-3 Gratuities.(APR 1984) 52.203-5 Covenant Against Contingent Fees.(MAY 2014) Page 18 52.203-6 Restrictions on Subcontractor Sales to the Government.(SEP 2006) 52.203-7 Anti-Kickback Procedures.(MAY 2014) 52.203-8 Cancellation,Rescission,and Recovery of Funds for Illegal or Improper Activity.(MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.(MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.(OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.(APR 2014) 52.204-1 Approval of Contract.(DEC 1989) This contract is subject to the written approval of Geraldine DuranGeraldine Duran and shall not be binding until so approved. (End of clause) 52.204-2 Security Requirements.(AUG 1996) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.(MAY 2011) 52.204-13 System for Award Management Maintenance.(OCT 2016) 52.204-22 Alternative Line Item Proposal.(JAN 2017) 52.217-2 Cancellation Under Multi-year Contracts.(OCT 1997) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.(AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases.(JUN 2008) 52.229-4 Federal,State,and Local Taxes(State and Local Adjustments).(FEB 2013) 52.232-1 Payments.(APR 1984) 52.232-8 Discounts for Prompt Payment.(FEB 2002) 52.232-11 Extras.(APR 1984) 52.232-23 Assignment of Claims.(MAY 2014) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.(JUL 2013) 52.232-39 Unenforceability of Unauthorized Obligations.(JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.(DEC 2013) 52.233-1 Disputes.(MAY 2014) 52.233-3 Protest after Award.(AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim.(OCT 2004) 52.242-13 Bankruptcy.(JUL 1995) 52.243-1 Changes-Fixed-Price.(AUG 1987) Page 19 52.244-6 Subcontracts for Commercial Items.(JAN 2017) 52.249-1 Termination for Convenience of the Government(Fixed-Price)(Short Form).(APR 1984) 52.249-2 Termination for Convenience of the Government(Fixed-Price).(APR 2012) 52.249-8 Default(Fixed-Price Supply and Service).(APR 1984) 52.252-2 Clauses Incorporated by Reference.(FEB 1998) This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in full text.Upon request,the Contracting Officer will make their full text available.Also,the full text of a clause may be accessed electronically at this/these address(es):http://farsite.hill.afmil/ (End of clause) 952.202-1 Definitions. 952.204-2 Security requirements.(AUG 2016) 952.204-70 Classification/Declassification.(SEP 1997) 952.208-70 Printing.(APR 1984) 952.242-70 Technical Direction.(DEC 2000) Section J-List of Documents,Exhibits and Other Attachments List of Documents,Exhibits,and Other Attachments Attachment Title Date Number 1 Statement of Work 06/09/2017 2 Wage Determination(#2015-4465,Rev.3) 07/25/2017 No Clauses in this Section Clauses Page 20