Mission Support Alliance Request for Proposal

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1 Hanford Radiological Instrument Repair Services Amendment 2, Issued 7/23/12 RFP Date Issued: 06/27/2012 This request for proposal (RFP) is issued under the authority of the Department of Energy prime contract DE-AC06-09RL This RFP is issued by: Mission Support Alliance, LLC P.O. Box 650 Richland, WA Contracting Officer: Robert Joshlin PO Box 650, Mail Stop: H7-10 Richland, WA Proposals are to be prepared in accordance with the instructions and conditions set forth herein. Proposals are to be received by the close of business (2:00 P.M., PST) on July 30, 2012 mailed to: Mission Support Alliance, LLC Attn: Robert Joshlin, Mail Stop: H Stevens Drive Richland, WA All questions are to be directed to the Contracting Officer identified above. Hanford procedures prohibit all contact with Hanford Employees where issues of this Request for Proposal are concerned. All correspondence and communication concerning this RFP is limited to the Contracting Officer or those individuals listed in Section G Contract Administration, 1.1 Authorized Personnel All proposals are subject to the terms and conditions set forth herein. Any exceptions, deviations or omissions may be grounds for rejection of proposals submitted. MSA reserves the right to make multiple awards from this RFP. RFP Amendments Amendment 1, Issued 06/28/12 - The purpose of this amendment is to: 1. RFP Section A.1 North American Industry Classification System (NAICS) Code and Size Standard clause is updated to include the following NAICS codes Other Measuring and Controlling Device Manufacturing, Analytical Laboratory Instrument Manufacturing, Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables. 2. RFP Section A.1 North American Industry Classification System (NAICS) Code and Size Standard clause number of employees is updated to 500 for the updated NAICS codes. 1

2 3. All other RFP terms and conditions remain the same. Amendment 2, Issued 07/23/12 - The purpose of this amendment is to: 1. Update mailing address on RFP cover page to: Mission Support Alliance, LLC Attn: Robert Joshlin, Mail Stop: H Stevens Drive Richland, WA All other RFP terms and conditions remain the same. 2

3 Table of Contents A.0 Section A Solicitation... 5 A.1 North American Industry Classification System (NAICS) Code and Size Standard...5 A.2 Information Required for Technical Evaluation...5 A.3 Proposal Submittal...5 A.4 Financial Capability Determination...6 A.5 Basis of Award Best Value...6 A.6 Proposal Preparation...6 A.7 Technical Proposal Evaluation...7 A.8 Past Performance Information...9 B.0 Section Schedules B.1 Price Schedule...10 B.2 MSA Radiological Instrumentation Inventory List...11 C.0 Section C Description/Statement of Work D.0 Section D Packing, Marking, & Transportation - NA E.0 Section E Schedule NA F.0 Section F Delivery/Performance F.1 Effective Term...17 G.0 Section Contract Administration G.1 Estimated Billing...17 G.2 Authorized Personnel...18 H.0 Section H Special Requirements H.1 Use of Union Labor...18 H.2 Payments Using the Purchasing Card System...18 H.3 Facility Closure Notice - Holiday and Work Schedules...19 H.4 Key Personnel...19 H.5 Service Contract Act of H.6 Inspection of Services Fixed Price...20 H.7 Designation of Technical Representative...21 H.8 Subcontract Options...22 H.9 Utilization by Others...22 I.0 Section I Terms and Conditions I.1 Limitation of Liability - Services...22 I.2 Buy American Act - Non Construction Subcontracts(I64)...23 I.3 General Provisions...24 I.4 General Provisions for Commercial Items...24 I.5 Special Provisions for Subcontracted Labor...35 I.6 Special Provisions - Instructions for the Preparation of Proposals...35 I.7 Special Provisions - Time and Materials (T&M) and Labor Hour (LH) Contracts...35 I.8 Special Provisions Conflict of Interest Disclosure and Representation...35 J.0 Section J List of Attachments

4 J.1 Attachment 1 Price Schedule -Hanford Radiological Instrumentation Repair (Excel File)...36 J.2 Attachment 2 - Key Personnel Resume Form...36 J.3 Attachment 3 - Past Performance Survey Form...38 J.4 Attachment labor Agreement Between Fluor Hanford, Inc and Hanford Atomic Metal Trades Council (HAMTC).AFL-CIO (Pdf File) K.0 Section K Signatures - NA L.0 Section L Representations and Certifications L.1 Anti-kickback Certifications...42 L.2 Conflict of Interest Disclosure and Representation...42 L.3 Subcontractor Acknowledgement for Online Representations and Certifications Application (ORCA)

5 A.0 Section A Solicitation A.1 North American Industry Classification System (NAICS) Code and Size Standard (A01) Rev 002 3/1/2011 The Buyer has determined that North American Industry Classification System (NAICS) Code Other Electronic and Precision Equipment Repair and Maintenance. Therefore, the size standard for determining whether an Offeror is a small business in regard to this acquisition is $19M Other Measuring and Controlling Device Manufacturing, Analytical Laboratory Instrument Manufacturing, Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables. Therefore, the size standard for determining whether an Offeror is a small business in regard to this acquisition is 500 employees. A.2 Information Required for Technical Evaluation (A33) Rev. 0 01/27/2010 For evaluation purposes concerning the Offeror s technical capabilities, the following data must be furnished with the Proposal: 1. Volume 1 Technical Proposal 2. Volume 2 Price Proposal A.3 Proposal Submittal (A37) Rev. 0 03/14/ Proposals are to be received by the close of business (2:00 P.M., PST) on the date specified in the Solicitation. 2. Other Proposal Methods Proposals, upon approval by Contract Specialist, must be submitted mail, or hand delivered. No ed or faxed proposals will be accepted. When requested as confirmation, the original Proposal form and certifications must be sent only to the Contract Specialist. 3. Late Proposals A Proposal is considered late if it is received at the office designated in the solicitation after the exact time and date specified for receipt and will not be considered unless: a. It was sent by registered or certified mail not later than the fifth calendar day prior to the date specified for receipt of offers (e.g., an offer submitted in response to a Solicitation requiring receipt of offers by the 20th of the month must have been mailed by the 15th or earlier); or 5

6 b. It was sent by mail authorized by the Contract Specialist and it is determined that the late receipt was due solely to mishandling upon receipt; or c. It is the only Proposal received. 4. Proposal Changes Any modification of a Proposal, including the Contract Specialist s request for Best and Final Offer, is subject to the same conditions as in the Late Proposals section above. 5. Withdrawal of Proposals Proposals may be withdrawn by written or electronic notice received at any time prior to award. A Subcontractor, or its authorized representative, may withdraw proposals in person, provided their identity is made known and he signs a receipt for the Proposal. A.4 Financial Capability Determination (A39) Rev. 0 03/14/2011 Prior to Award, the Buyer reserves the right to request any or all Offerors to submit data which will be used to make a determination of financial capability to perform on any resultant Subcontract. Such data may include, however not be limited to, current annual reports, lines of credit with financial institutions and suppliers, and/or any other such data as may be required to make a determination of the Subcontractor s financial capabilities. A.5 Basis of Award Best Value (A86) Rev. 0 1/28/2010 Award shall be made to the Offeror submitting the best proposal in which both cost/price and other specifically defined EVALUATION FACTORS will be the basis of award. See A.8 Technical Proposal Evaluation below. MSA, LLC reserves the right to award a contract at higher price to a technically superior proposal. MSA, LLC reserves the right to make multiple awards from this Request for Proposal. A.6 Proposal Preparation (A94) Rev. 0 4/19/2010 Organize the proposal as outlined in the following paragraph entitled Proposal Content. Prepare the proposal simply and economically and provide a straightforward and concise presentation of the information requested in the RFP. Emphasize completeness and clarity. For additional instruction please see Special Provisions (SP-17) Instructions for the Preparation of Proposals attached to this RFP. Proposal Content Proposals shall include the following elements and be organized in the manner listed below. Each volume of the proposal should be separate and complete. Omit all cost or pricing details from the technical proposal. 6

7 1. Volume 1 - Technical Proposal - The technical proposal shall include all necessary technical elements from the Statement of Work that successfully address the Technical Evaluation criteria and EVALUATION FACTORS below. 2. Volume 2 - Price Proposal - The price proposal shall include all technical and price elements required to complete the requirements of the statement of work. Omit all cost of pricing details from the technical proposal. A.7 Technical Proposal Evaluation MSA will evaluate each Offeror s technical proposal and how effectively it addresses the following TECHNICAL EVALUATION FACTORS and KEY ELEMENTS. Vendor s Technical Proposal must address all TECHNICAL EVALUATION FACTORS and KEY ELEMENTS. Offerors must submit all relevant plans, procedures, processes, forms, detailed levels of effort, schedules, resumes, past performance evaluations, etc. necessary to convince technical evaluators evaluating the proposal that the Offeror is technically qualified and can successfully perform the scope. This technical proposal must be in writing and explain all TECHNICAL EVALUATION FACTORS and KEY ELEMENTS of the Offeror s proposal. In addition, the proposal may contain visual aids, not limited to charts, flow charts, diagrams, forms, graphics, and photographs. If a proposal contains visual aids they must be clearly supported in the written plan. This technical proposal submission must be included in Volume 1 of the Offeror s proposal. The submitted technical proposal that most completely describes how the solicitation requirements will be met while addressing the TECHNICAL EVALUATION FACTORS and KEY ELEMENTS below will receive the highest score for this technical evaluation. These TECHNICAL EVALUATION FACTORS and KEY ELEMENTS are: TECHNICAL EVALUATION FACTORS and KEY ELEMENTS 1. Repair Services Plan a. Repair facilities to be utilized b. Repair equipment to be utilized c. Repair parts ordering procedures and Invoice submission 2. Qualifications and Experience of Personnel a. Key personnel b. Repair Technicians 3. Safety Plan 7

8 a. Employee safety awareness b. Accident prevention procedures 4. Past Performance a. Quality Control b. Effectiveness of Management c. Timely Performance d. Compliance with Safety Standards Technical Evaluation Criteria 1. Repair Services Plan - MSA will evaluate each Offeror s overall Repair Services Plan and how effectively it addresses the technical requirements listed in this Request for Proposal. In order for a proposal to meet the needs of this requirement the Offeror shall describes in detail the proposed logistics, infrastructure, and resources it will employ to perform repair services per the SOW. At the very minimum vendor s proposals must address the following KEY ELEMENTS. If contract award is made the Contractor shall not change or modify the proposed procedures in any way without notifying the Buyer. a. Repair facilities to be utilized Describe in detail all proposed support facilities that will be utilized to perform repair services per the SOW requirements. b. Repair equipment to be utilized Describe in detail all proposed support equipment that will be utilized to successfully perform repair services per the SOW requirements. c. Repair parts ordering and invoice procedures - Describe in detail all proposed procedures with elements and processes that will be employed to order repair parts and how they will be invoiced to MSA. 2. Qualifications and Experience of Personnel - This criterion evaluates the expertise and experience of the company and personnel proposed to perform the SOW. The evaluation will consider: a. Key Personnel - Resumes, qualifications, experience, and certifications of key personnel who will manage performance of the SOW. Indicate the percentage of time that key personnel will be dedicated to this effort. Offeror shall submit information on proposed Key Personnel using the Section J.2 Attachment 2 Key Personnel Resume Form. 8

9 b. Repair Technician Personnel - Resumes, qualifications, experience, and certifications of Repair Technician Personnel who will perform hands on repair of equipment. Offeror shall submit information on proposed Repair Technician Personnel using the Section J.2 Attachment 2 Key Personnel Resume Form. 3. Safety Plan - MSA will evaluate each Offeror s overall Safety Plan and how effectively it addresses the technical requirements listed in this Request for Proposal. Offeror shall submit their Corporate Safety Plan for evaluation. Offeror s SAFETY PLAN will be evaluated to the extent their plan most completely addresses the KEY ELEMENTS of this EVALUATION FACTOR. These KEY ELEMENTS are: a. Employee safety awareness b. Accident prevention procedures 4. Past Performance - MSA will evaluate each Offeror s Past Performance as it applies to the technical requirements listed in this Request for Proposal. Offeror s Past Performance will be evaluated to the extent their plan most completely addresses the KEY ELEMENTS of this EVALUATION FACTOR. These KEY ELEMENTS are: 1. Quality Control 2. Effectiveness of Management 3. Timely Performance 4. Compliance with Safety Standards For evaluation purposes the Offeror shall provide all recent and relevant past performance using the PAST PERFORMANCE SURVEY (Section J.3 Attachment 3) provided in the RFP. Recent meaning past performance within 5 years of the issue date of this solicitation. Relevant meaning work similar in nature, magnitude, and complexity to the work listed in this solicitation. These PAST PERFORMANCE SURVEY submissions must be included in VOLUME 1 of the Offeror s proposal and may include all past recent and relevant past performance from Offeror's former and current customers, business associates, Federal, State, and local agencies, previous and current MSA projects and electronic databases. MSA reserves the right to consider all aspects of an Offeror's performance history. An Offeror with no past performance history will receive a neutral rating leaving MSA unable to determine satisfactory or greater past performance. A.8 Past Performance Information (A97) Rev. 0 1/27/2011 Offeror s must have a minimum of 12 month s business experience for the work being contemplated with US Federal government agencies or their prime contractors. If any Offeror is partnering with another firm in the response to this solicitation, the Offeror must have a minimum of at least the same time period of experience with the partnership relationship. 9

10 As part of the solicitation response, the Offeror shall furnish at least two (2) references for previous and/or current projects that reflect the criteria noted above. References shall include the current and up-to-date information listed below for each specific reference. Note: Information gained elsewhere by the Buyer can also be used as part of the evaluation. Client Name and Address Client Technical Point of Contact and phone number Contract Number Brief Description of Work Scope Contract Type Period of Performance Original Contract Value $<<insert value>> Final Contract Value $<<insert value>> If these latter two amounts are different, provide a brief explanation for the difference. B.0 Section Schedules B.1 Price Schedule Vendor must complete the MSA RFP price schedule listing at Section J, List of Attachments, J.1 - Attachment 1 Price Schedule Hanford Radiological Instrumantation Repair (Excel Spreadsheet). The Offeror must complete the price schedule for Hourly Repair Rate required for each item. The proposed Hourly Repair Rate indicates at what rate the vendor will perform to provide MSA a complete and usable product. The proposal prices must also include all fees and adders. The Contractor shall not assess and collect Washington State sales or use tax from the Buyer with respect to this Contract. The Option Years will be priced using a proposed escalation factor. The escalation factor for Option Years must also be provided on the Price Schedule. Do not use custom Price Schedules other than the one provided in this RFP. MSA reserves the right to make multiple awards from this RFP. 10

11 B.2 MSA Radiological Instrumentation Inventory List The following table represents MSA s Radiological Instrumentation Inventory and the estimated repairs per year each item type required. This is only an estimate as MSA cannot guarantee any definite quantity or level of work to vendors. In addition, the items listed in inventory are subject to change at any time, solely at the discretion of the Buyer, and without revision to this contract. If at any time during the contract period, additional Radiological Instrumentation inventory items are added to the inventory that the Contractor had not previously provided pricing for, a bilateral contract amendment will be issued by MSA Procurement personnel indicated in Clause C.1 Authorized Personnel (G03) Rev. 0 1/28/2010 to add the item to the contract s Radiological Instrumentation Inventory List and Price Schedule. Item Manufacturer Model Description Repairs/Yr 1 Thermo/Eberline RO-20 Dose Rate/Photon Instrument 60 2 Thermo/Eberline RO-3B (CP) Dose Rate/Photon Instrument 95 3 Thermo/Eberline RO-7 Dose Rate/Photon Instrument 6 4 Thermo/Bicron Micro-rem Meter Dose Rate/Photon Instrument 20 5 Ludlum 9-3 Dose Rate/Photon Instrument 3 6 Ludlum 9-7 Dose Rate/Photon Instrument 2 7 WnB Johbnson Extender 2000W Dose Rate/Photon Instrument 20 8 Ludlum 78 Stretchscope Dose Rate/Photon Instrument 6 9 Xetex Telescan 330A Dose Rate/Photon Instrument 6 10 MGP AMP-XXX Dose Rate/Photon Instrument Eberline E600 w/nrd Dose Rate/Neutron 7 12 Ludlum 12-4 Dose Rate/Neutron 3 13 Hanford Snoopy Dose Rate/Neutron Ludlum 177 Bench Top Contamination Probe Nuclear Research Corparation RAM 3400 Bench Top Contamination Probe William B Johnson RML-2M Bench Top Contamination Probe Ludlum 2200 Bench Top Smear Counter 5 18 Ludlum 2929 Bench Top Smear Counter 5 19 Ludlum 3030 Bench Top Smear Counter 5 20 Eberline SAC-4 Bench Top Smear Counter 7 21 Ludlum 3 Scalares/Count Rate Meters 0 22 Ludlum 12 Scalares/Count Rate Meters 0 23 Ludlum 2224 Scalares/Count Rate Meters 0 24 Ludlum 2360 Scalares/Count Rate Meters 0 25 Eberline E140 Scalares/Count Rate Meters 0 26 Eberline BNW-1 Scalares/Count Rate Meters 0 11

12 27 Eberline E600 Scalares/Count Rate Meters Thermo Electra Scalares/Count Rate Meters Bicron Surveyor-X Scalares/Count Rate Meters 0 30 Hanford 50cm PAM Portable Contamination Probes 0 31 Hanford 100cm PAM Portable Contamination Probes 0 32 Ludlum Portable Contamination Probes 0 33 NET DP6 Portable Contamination Probes 0 34 Hanford Pancake GM Portable Contamination Probes 0 35 Eberline DA1-X Area Monitor 5 36 Eberline EC4-X Area Monitor 4 37 Eberline RMS-II Area Monitor 2 C.0 Section C Description/Statement of Work Statement of Work for Hanford Radiological Instrumentation Program (HRIP) Instrument Repair Contract Title: MODXX HRIP Instrument Repair Revision Number: 0 Date: May 15, 2012 Acronyms BTR Buyer s Technical Representative HRIP Hanford Radiological Instrumentation Program MSA Mission Support Alliance, LLC RSS Radiological Site Services 1.0 INTRODUCTION / BACKGROUND The subcontractor is required to provide repair of radiological instrumentation services as set forth herein. 12

13 2.0 OBJECTIVE The Radiological Site Services (RSS) program at the Hanford Site provides a broad array of services that are critical to the protection of the health and safety of Hanford workers, the public, and the environment. One important component of the RSS Program is the Hanford Radiological Instrumentation Program (HRIP), which provides calibration, maintenance, and repair services for a broad range of portable and semi-portable radiological instrumentation, including technical support and documentation, to maintain the capability of the instrumentation to demonstrate compliance with radiation monitoring requirements of applicable DOE regulations and directives. MSA is soliciting for specialized services related to the repair of radiological instrumentation, as defined in Section DESCRIPTION OF WORK SPECIFIC The HRIP provides calibration, maintenance, and repair services for portable and semi-portable radiological instrumentation required by all Hanford Contractors. HRIP services is required to document and demonstrate compliance with the radiation monitoring requirements of the Site, and provide technically sound, defensible data for determining the adequacy of radiological control programs in protecting the health and safety of workers, the public, and the environment. The selected Contractor(s) will supplement MSA s internal capability to provide radiological instrumentation repair services, and enable MSA to manage surges in demand in an efficient and cost effective manner. The selected provider shall meet the requirements listed below. The Contractor must be licensed by the State of Washington to receive and ship instrumentation with the potential of Limited Quantity Radioactive Material (under DOT UN2910 permit). The Contractor shall also agree to receive instrumentation from MSA that has been conditionally released by MSA Radiological Control, and thus has the potential to contain low levels of radiological contamination. By the time the instrumentation is shipped to the repair service provider, it would have been surveyed a minimum of two times. The Contractor shall demonstrate and maintain the capability to perform component level troubleshooting and repair for specific types of radiological instruments, as specified below, designed to detect and/or quantify x-ray, gamma ray, beta particle, alpha particle, and/or neutron radiation across a broad range of energies and intensities. The following requirements apply to the work performed: Repairs shall be performed in accordance with the manufacturer s instructions, and in a quality manner that is consistent with industry workmanship standards (i.e., IPC 700 series and 7700 series) The Contractor shall ship the repaired instrumentation back to MSA within 7 working days after receipt. Expedited repairs may be requested by MSA; however, it is recognized that if the repair service provider does not have parts available, then the 7 day turnaround may not be achievable. Therefore, if a delay in repair is expected due to parts availability, the supplier will immediately inform MSA of the delay. Circuit board replacement shall only be performed when cost effective 13

14 Any repair costs (materials + labor) expected to exceed $1000 shall first be authorized by MSA in writing ( is sufficient notice) Any replacement parts purchased by the supplier are to be purchased from the original manufacturer of the part or one of their distributors. If the original part is not available an equivalent part shall be purchased. Parts defined by the Joint Electron Device Engineering Council (JEDEC) as an industry standard part, designed specifically by the original manufacturer as replacement parts, or have the same electrical properties are considered equivalent. Any part substitutions will be documented by a supplier defined process/procedure and a project record maintained of this substitution. The Contractor shall provide a records management and billing system for the retention of records and data associated with repair of radiological instrumentation. The system will include the capability to track the status of the repair of radiological instrumentation, and provide routine, periodic reports on this status to customers. The contractor will provide MSA with records and reports that describe: repairs performed parts and supplies used cost of the parts and supplies used, and time, measured in labor minutes, involved in repair. An electronic copy of these records shall be provided to MSA at the time the instrument is returned to MSA. 3.1 Repair Services and Parts Procurement When repair of radiological instrumentation equipment is required, the Contractor shall perform these services in accordance with the manufacturer's specifications unless otherwise approved, in writing, by the BTR. If unable to complete repairs, the Contractor shall provide an Unable to Repair Report (URR) to the BTR stating the reasons, along with a recommendation for disposition and replacement. The report shall contain the signature of the Contractor authorized representative. The format and content of the URR should follow calibration industry standards, if available, and shall be modified by the Contractor to include any additional data, as needed, by direction of the Buyer. The Contractor shall include, as part of their proposal, a single fixed labor rate price for each radiological instrument type. This fixed labor rate price shall include all labor and administrative costs associated with the repair of radiological instrumentation equipment. For each radiological instrumentation equipment repair, the Buyer shall pay this fixed labor rate price, as well as reimburse the Contractor for the actual costs of parts and materials used for the repair. If radiological instrumentation equipment repairs cannot be performed by the Contractor, and must be performed by the original manufacturer, the Buyer shall only reimburse the Contractor for actual costs they incurred from the manufacture. 14

15 All Contractor procured radiological instrumentation equipment parts shall be obtained from commercial radiological instrumentation equipment vendors who meet all the applicable qualifications and requirements identified in this SOW, or specified in writing by the BTR. Additional M&TE is defined as equipment that will be purchased to increase the quantity of the original equipment list. Contractor materials costs for a single unit s repair shall not exceed $1,000, unless authorized by the Contracting Officer. If material costs for repair parts are anticipated to exceed $1,000, the Contractor shall immediately notify the BTR. Any unauthorized radiological instrumentation equipment parts purchases above the $1,000 threshold shall be the sole responsibility of the Contractor and not payable by MSA, LLC. 3.2 Invoice Submission and Payment The Contractor shall provide all software, hardware, labor and all items appurtenant to provide proper invoicing for services performed associated with this SOW. The Contractor shall prepare and submit, on a mutually agreed to frequency, invoices for radiological instrumentation equipment repair services. Each invoice shall include the date of service, contract number, unique radiological instrumentation equipment repair number and/or serial number. The invoice system shall be capable of identifying each delivery ticket and task order and include documentation supporting each element of cost as required within this Contract. Multiple radiological instrumentation equipment repairs may be included on one invoice as long as all services provided are included in this SOW. The Contractor shall submit, as part of their invoices to the Buyer for repair parts procurements, all applicable supporting documentation for Buyer invoice charges, including Contractor incurred invoices, receipts, etc. The Contractor may only invoice actual parts used and shipping costs and is required to provide supporting documentation with all invoices. Profit on parts and shipping is un-allowed. All incremental costs (labor hours, labor rate, repair parts, shipping costs, etc) for repairing each unit must be itemized on the invoice in a format acceptable to the Contracting Officer. All invoices with support documentation will be submitted by the Contractor to MSA Invoices. All invoice payments will be made using the MSA purchase card system. 4.0 REQUIREMENTS General Contractor shall perform the work described in this RFP in contractor facilities in accordance with industry standard business practices (does this need to be defined?), and shall communicate all results through a Buyers Technical Representative (BTR) assigned by MSA. No work will be performed on the Hanford Site or any MSA controlled facility. 15

16 4.1 ES&H Requirements The Subcontractor shall perform work safely, in a manner that ensures adequate protection for employees, the public, and the environment, and shall be accountable for the safe performance of work. The Subcontractor is solely responsible for complying with relevant Environmental, Safety, and Health (ES&H) requirements of all applicable laws, regulations and directives. 4.2 Quality Assurance Requirements A. Workmanship - The Subcontractor shall be responsible for performing quality workmanship and shall conduct the quality control measures necessary to ensure work conforms to drawings, specifications, referenced codes and standards, and other requirements defined in the procurement documents. Are there any QA standards that apply for repair? Will need to add standards for calibration. B. Source Surveillances - The Subcontractors activities are subject to review, inspection or surveillance by the Buyer s representatives at the Subcontractors worksite, facility or the Subcontractors lower-tier s facilities/subcontractors. The Buyer shall be allowed access to the Work Site, facilities/subcontractors for review, inspection or surveillance with a reasonable notification to the subcontractor. These inspections and surveillance shall be coordinated through the Subcontractor and Buyer's Contract representatives. C. Suspect Counterfeit Items - Procurement of Potentially Suspect or Counterfeit Items: The Subcontractor shall warrant that all items furnished under this Contract are genuine (i.e. not counterfeit) and match the quality, test reports, markings, and/or fitness for use required by the contract. See Contract General Provisions, Section 3.0, and the following web site for additional information. Does this statement belong? arenesstrainingmanual pdf D. Flowdown of Requirements. The contractor shall flow down/invoke applicable portions of this contract to subtier contractors/vendors for services and or materials. 4.3 Government Property No government property will be used by the Subcontractor to accomplish the statement of work. 5.0 PERSONNEL REQUIREMENTS Training and Qualification Subcontractor shall ensure that its personnel meet and maintain the appropriate training, qualification and certification requirements. 5.2 Security and Badging Requirements All work will be performed off-site in contractor facilities. 5.3 Work Location/Potential Access Requirements: 16

17 All work will be performed off-site in contractor facilities. 6.0 MEETINGS, SUBMITTALS Subcontractor shall participate in all meetings as required by the Buyer s Technical Representative (BTR). 7.0 DELIVERABLES, PROJECT CONTROLS, MILESTONES AND PERFORMANCE SCHEDULE REQUIREMENTS 7.1 Deliverables The Subcontractor is not responsible for any deliverables under this contract. MSA will determine the acceptability of the Subcontractor s work through assessments or surveys of work practices by qualified peers, in accordance with MSA procedures. 7.2 Schedule Start date: Contract Award Date Completion date: September 30, 2013 Note: This performance period takes into account the Contract Base Year only and not any future Option Years indicated in this RFP. See Section H. Subcontract Options, H54) Rev. 0 3/14/2011 D.0 Section D Packing, Marking, & Transportation - NA E.0 Section E Schedule NA F.0 Section F Delivery/Performance F.1 Effective Term (F05) Rev. 0 1/28/2010 The term of this Contract shall be from Contract Award through 9/30/13 for the base year and subject to any exercised option years. Expiration of the term shall not affect any outstanding releases or open tasks. G.0 Section Contract Administration G.1 Estimated Billing (G02) Rev. 0 3/14/2011 It is mandatory for continued acceptable performance that the Subcontractor provides monthly, to Mission Support Alliance Accounts Payable, the best estimate of the total billable cost (invoiced plus invoiceable) from inception of the Subcontract through the current calendar month end. This information must be provided in writing by (preferred), fax, or mail by the 15 th of each month. This data must be provided for each Subcontract release until all payments are received and the Subcontract is complete. msa_accruals@rl.gov Fax: (509)

18 Mailing Address: Mission Support Alliance, LLC. Attn: Accruals MSIN G1-80 P.O. Box 650 Richland, WA The Monthly Subcontract-to-Date Cost Estimate Form can be obtained at: G.2 Authorized Personnel (G03) Rev. 0 1/28/2010 Only the following named Subcontract individuals are authorized to make changes to this document: Contracting Officer, Robert Joshlin, , robert_j_joshlin@rl.gov Contracts Manager, Dana Worthington, , Dana_G_Worthington@rl.gov H.0 Section H Special Requirements H.1 Use of Union Labor It is noted that this work is presently performed by Instrument Repair Technicians covered by a Collective Bargaining Agreement (CBA) with the International Brotherhood of Electrical Workers (IBEW) as part of the Hanford Atomic Metal Trades Council (HAMTC). The successful offeror shall be required to have any Instrument Repair Technicians associated with this effort to be likewise covered by CBA. Offerors must negotiate their own CBA for Instrument Repair Technicians proposed on this RFP independent of MSA and submit with their proposals proof that a CBA exist to be considered for this requirement. Details of the CBA currently in place for workers performing this work can be found in Section J4, Attachment labor Agreement Between Fluor Hanford, Inc and Hanford Atomic Metal Trades Council (HAMTC).AFL-CIO (Pdf File). This agreement is provided to prospective offerors for informational purposes and serve as an example only. H.2 Payments Using the Purchasing Card System (H06) Rev. 1 3/14/2011 Reimbursement for materials/services provided under this Subcontract will be made using the Buyer s Purchasing Card (P-Card) System. Acceptance of the P-Card for payment will be in lieu of any other forms of payment by the Buyer on this Subcontract. Subcontractor shall supply only the materials or services identified in the Subcontract at the agreed pricing structure. Requests by Buyer s personnel for non-subcontract materials or 18

19 services may not be filled under this Subcontract and should be referred to the Contract Specialist Subcontractor shall report to the Buyer all purchases made under this Subcontract in a form and frequency stipulated by the Buyer. At a minimum, the report will contain the materials/services purchased, identify the person purchasing the material/service and the price charged. The Buyer s P-Card system uses a Visa Card issued by US Bank. The Subcontractor must have a merchant account and/or otherwise be authorized to accept Visa Card for any payment to be made. The credit card numbers, expiration dates, account numbers, cardholder s names and contact information is considered business sensitive by the Buyer, and should not be kept on file. By accepting such information, Subcontractor agrees to take reasonable steps to secure and safeguard the information, not to disclose it to third parties, and to ensure that only a limited number of people with a need-to- know have access to the data. In the event data security is compromised, immediate steps must be taken to notify the Buyer and the US Bank Customer Service Department ( ). To the extent that adequate safeguards are not in place or Subcontractor fails to take prompt action to mitigate the potential for loss or fraud, Subcontractor will be responsible for such loss. H.3 Facility Closure Notice - Holiday and Work Schedules (H22) Rev. 0 3/14/2011 NOTICE: Daily work schedules and facility operations are NOT consistent on the Hanford Site. Many organizations and facilities observe alternate Friday closures. Accordingly, BEFORE scheduling deliveries or site work, the Subcontractor shall make specific schedule arrangements with the Contract Specialist, BTR, Facility Manager, Delivery Warehouse Manager, Building Manager, or other cognizant Mission Support Alliance organization. The Buyer will not be liable for the cost of any delays, demurrage, layover, extra travel days, etc. which result from Subcontractor s failure to obtain a specific delivery or work schedule in advance. H.4 Key Personnel (H23) Rev. 0 3/14/2011 Subcontractor agrees those individuals determined to be key individuals will not be reassigned without the written agreement of the Buyer. If any of these individuals are unavailable for assignment for work under this Subcontract, the Subcontractor, with written approval from the Buyer, shall replace such individual with an individual equal in abilities and qualifications. The following named individuals have been determined to be key personnel assigned to the performance of this Subcontract: 19

20 H.5 Service Contract Act of 1965 (H27) Rev. 2 4/5/2012 This Subcontract is subject to the McNamara-O Hara Service Contract Act of 1965 (SCA) as specified in FAR The Subcontractor will ensure that their employees are properly classified in accordance with the SCA for the work assigned and for the entire duration of this Subcontract. The Subcontractor shall pay service employees employed in the performance of this Subcontract no less than the minimum wage, and furnish fringe benefits in accordance with the appropriate job classification per the applicable Wage Determination. The Buyer may unilaterally modify this Subcontract to incorporate revised Wage Determinations during the term of this Subcontract. If a Wage Determination (or revision) is incorporated after award and the Subcontractor has to adjust rates payable to employees covered by the SCA in order to comply with the revised minimum wages and fringe benefits, the Subcontractor may request an equitable adjustment in accordance with the SCA and other provisions of this Subcontract. Blanket Wage Determination (BWD) , Rev. 13 dated June 13, 2011 is applicable to work performed under this Subcontract on the Hanford Site and adjacent areas by service occupations identified in the BWD. Service occupations that will be used in performance of this Subcontract at another location or that are not listed in the BWD must be specifically identified herein along with an applicable wage determination. A copy of the Blanket Wage Determination is available at: A Directory of Occupations and more information about the Service Contract Act can be found on the Department of Labor web site at H.6 Inspection of Services Fixed Price (H37) Rev. 0 3/14/ Definitions. Services, as used in this clause, includes services performed and, when applicable, materials furnished or utilized in the performance of services. 2. Subcontractor shall provide and maintain an internal quality control/inspection system covering the services performed under this Subcontract. This system must be acceptable to the Buyer. However, Buyer acceptance of Subcontractor s internal quality control/inspection system does not relieve Subcontractor in any way for full responsibility for performance. 3. Complete records of all inspections performed by Subcontractor on work related to the requirements of this Subcontract shall be maintained and made available to the Buyer during Subcontract performance, and for as long afterwards as is required by the DEAR clause (modified) of the general provisions of this Subcontract. 4. The Buyer reserves the right to inspect and test all services called for by the Subcontract, to the extent practicable, at all times and places during the term of the Subcontract. This right shall extend to any of Subcontractor s Subcontractors at any tier whose work applies directly to this Subcontract. Subcontractor shall make such provisions as necessary in its Contracts and Subcontracts to ensure the preservation of this right. The Buyer shall perform inspections and tests in a manner that will not unduly delay the work. 20

21 5. If the Buyer performs inspections or tests on Subcontractor s premises or those of Subcontractor s sub-tier Subcontractor(s), Subcontractor shall furnish, and shall require its sub-tier Subcontractors and suppliers to furnish, without additional charge, all reasonable facilities and assistance for the safe and convenient performance of such inspections or tests. 6. If any of the services provided by Subcontractor do not conform to Subcontract requirements, the Buyer may require Subcontractor to perform the services again in conformity with Subcontract requirements at no increase in Subcontract price. When defects in services cannot be corrected by re-performance, the Buyer may: (1) require Subcontractor to take necessary action to ensure that future performance conforms to contractual requirements and (2) reduce the Subcontract price to reflect the reduced value of the services performed. 7. If Subcontractor again fails to promptly perform the services or to take necessary action to ensure future performance in conformity with contractual requirements, the Buyer may: (1) by Subcontract or otherwise, perform the services and charge Subcontractor any cost incurred by the Buyer that is directly related to the performance of such service or (2) terminate this Subcontract for default in accordance with the clause entitled Termination for Default of the General Provisions of this Subcontract. H.7 Designation of Technical Representative (H38) Rev. 0 3/14/2011 The Contract Specialist hereby designates the following as the Buyer s Technical Representative, (BTR) for this Subcontract: Name/phone/mail stop/ BTR designation will be identified on award document. The BTR is responsible for monitoring and providing technical guidance for this Subcontract and should be contacted regarding questions or problems of a technical nature. The BTR is also responsible for appropriate surveillance of the Subcontractor s representative while on site. In no event, however, will an understanding or agreement, modification, change order, or any deviation from the terms of this Subcontract be effective or binding upon the Buyer unless formalized by proper contractual documents executed by the Contract Specialist prior to completion of this Subcontract. On all matters that pertain to Subcontract terms, the Subcontractor shall contact the Contract Specialist specified within this Subcontract. When in the opinion of the Subcontractor, the BTR requests or directs efforts outside the existing scope of the Subcontract; the Subcontractor shall promptly notify the Contract Specialist in writing. The BTR does not possess any explicit, apparent or implied authority to modify the Subcontract. No action should be taken until the Contract Specialist makes a determination and/or modifies the Subcontract in writing. 21

22 H.8 Subcontract Options (H54) Rev. 0 3/14/2011 The Buyer retains the sole right to exercise the option(s) included in this Subcontract. The inclusion of the option(s) does not represent a commitment, financial or otherwise, on the part of the Buyer to exercise any or all of the option(s) nor extend the Subcontract beyond the end date specified by the Subcontract or most current Subcontract amendment. Buyer may exercise one or more options by providing written notice to the Subcontractor prior to the most current Subcontract end date. Lacking written notice by the Buyer, the option(s) will expire with the Subcontract. Contract Option Years 1. Base Year (FY13) Period - Contract award September 30, Option Year 1 (FY14) Period - October 1, 2013 September 30, Option Year 2 (FY15) Period - October 1, 2014 September 30, Option Year 3 (FY16) Period - October 1, 2015 September 30, Option Year 4 (FY17) Period - October 1, 2016 September 30, 2017 H.9 Utilization by Others (H120) Rev 0 3/14/2012 Mission Support Alliance (MSA), CH2M Hill Plateau Remediation Company (CHPRC), and Washington River Protection Solutions (WRPS) may issue Instrumentation Repair Services orders against this subcontract which will incorporate the Subcontract provisions and pricing by reference. All MSA, CHPRC, and WRPS orders issued against this Subcontract are to be administered and paid on a self-contained basis between Subcontract and MSA, CHPRC, or WRPS. However, the terms and conditions of this Subcontract may only be modified by MSA. I.0 Section I Terms and Conditions The terms and conditions set forth or referenced in the body of this document by the Buyer shall apply and the Buyer objects to and shall not be bound by any additional or different terms and conditions. I.1 Limitation of Liability - Services (I36) Rev. 0 3/14/ Except as provided in paragraphs 2 and 3 below, and except to the extent that the Subcontractor is expressly responsible under this Subcontract for deficiencies in the services required to be performed under it (including any materials furnished in conjunction with those services), the Subcontractor shall not be liable for loss of or damage to property of the Government that (1) occurs after Buyer acceptance of services performed under this 22

23 Subcontract and (2) results from any defects or deficiencies in the services performed or materials furnished. 2. The limitation of liability under paragraph 1 above shall not apply when a defect or deficiency in, or the Buyer s acceptance of, services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Subcontractor s managerial personnel. The term Subcontractor s Managerial Personnel, as used in this clause, means the Subcontractor s directors, officers, and any of the Subcontractor s managers, superintendents, or equivalent representatives who have supervision or direction of: a. All or substantially all of the Subcontractor s business; b. All or substantially all of the Subcontractor s operations at any one plant, laboratory, or separate location at which the Subcontract is being performed; or c. A separate and complete major industrial operation connected with the performance of the Subcontract. 3. If the Subcontractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government or the Buyer through the Subcontractor s performance of services or furnishing of material under this Subcontract, the Subcontractor shall be liable to the Government or the Buyer, to the extent of such insurance or reserve, for loss of or damage to property of the Government occurring after Buyer s acceptance of, and resulting from any defects and deficiencies, in services performed or materials furnished under this Subcontract. 4. The Subcontractor shall include this clause, including this paragraph, supplemented as necessary to reflect the relationship of the Subcontracting parties, in all lower-tier Subcontracts over $25, I.2 Buy American Act - Non Construction Subcontracts(I64) Rev. 1 8/24/2011 It is the Buyer s preference to purchase domestic end products in accordance with the Buy American Act (BAA) (FAR 25). Subcontractor certifies that all products supplied under this contract are domestic end products as defined in the Buy American Act, except those products of foreign origin which were specifically identified, evaluated, and authorized by the Buyer prior to award. *Materials used in this Subcontract must be domestic end products as defined in FAR unless the Buyer, prior to award of the Subcontract, approves a request for exemption. Subcontractor requests to supply foreign materials must include adequate information for evaluation of the request as identified in FAR

24 I.3 General Provisions (Revision 10, January 04, 2012) I.4 General Provisions for Commercial Items (Revision 006, January 4, 2012) The Buyer has designated this action as meeting the requirements for commercial items as defined in FAR Part and GENERAL PROVISIONS FOR COMMERCIAL ITEMS Rev. 6 January 4, DEFINITIONS ORDER OF PRECEDENCE ADMINISTRATION INDEPENDENT CONTRACTOR(s) WARRANTY INDEMNITY SAFETY NUCLEAR SAFETY AND INDEMNITY ASSIGNMENT CHANGES SUBCONTRACTING SUSPENSION BACKCHARGES TERMINATION FOR CONVENIENCE LAWS AND REGULATIONS RESOLUTION OF DISPUTES COUNTERFEIT FASTENERS AND COMPONENTS TAXES INVOICING AND PAYMENT TITLE AND OFFSETS CONFIDENTIAL AND CONTROLLED-USE INFORMATION EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RIGHTS ACT FAR AND DEAR CLAUSE FLOWDOWNS FAR stop work (aug 1989) alternate i (apr 1984) CLAUSES INCORPORATED BY REFERENCE This Subcontract embodies the entire agreement between the Subcontractor and the Buyer and supersedes all other writings. The parties shall not be bound by or be liable for any statement, representation, promise, or inducement or understanding not set forth herein. 24

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