Question
#/Section |
Question |
Answer |
Date
Posted |
1.
H.1.(a)4.
Technical Direction |
Is
the prohibition against a claim for extension of time or other compensation in the event
of a clear and present danger limited to hazards resulting from contractor performance as
opposed to situations beyond the contractor’s control such as an Act of God? |
The
primary examples where the Contracting Officer’s Representative (COR) might suspend
work would be as a result of the contractor’s performance. However, this clause would
not prohibit the COR from suspending work when the contractor did not suspend work as a
result of an act of God and a clear and present danger existed. It should be noted that
clause I.111, Excusable Delays contains provisions that address excusable delays related
to acts of God. |
12/08/00 |
2.
H.4.
|
Why
is a facility clearance required for this program, in view of the fact that it involves
only depleted materials and it is not clear that there will be any need for access to
classified information? |
A
Contractor is required to have a Facility Clearance when one or more of its employees must
obtain a security clearance. The Contractor will be required to perform cylinder
maintenance operations and support site-wide emergency operations which necessitates entry
into a Limited Security Area. Those employees entering a Limited Security Area unescorted
must have an "L" or a "Q" clearance. Please Reference RFP, Section
K.14(d). "A Facility Clearance is required even for contracts which do not require
contractor’s offices to receive, process, reproduce, store, transmit, or handle
classified information or special nuclear material, but which require DOE access
authorizations for the contractor’s employees to perform work at a DOE
location." |
01/08/01 |
3.
H.4.
|
Page
H-5, Section H.4, "Security Clearances," sub item (a): What specific Contractor
employees will require "Q", "L", and "BAO" clearances? Doe
DOE have an assumed number of employees that will require these clearances, and what are
their assumed responsibilities that will require such clearances? |
DOE
does not have an assumed number of employees that will require clearances. Security
clearance level is determined by the specific job requirements of each contractor
employee. |
01/08/01 |
4.
H.4.
|
Paragraph
(a) of clause H.4, Security Clearances, states: Clearance
Requirements: Certain contractor employees shall be "Q", "L" or
"BAO" cleared. For employees requiring DOE "Q" or "L"
security clearances, the contractor shall not employ anyone who is not a citizen of the
United States. (Clearance-Access authorizations are granted by DOE pursuant to Title 10,
Code of Federal Regulations, Part 710.) Security Badges must be worn properly at all times
while working an any of the DOE facilities.
Clarification Questions:
(a) So that an Offeror can propose the most appropriate
individuals, can you advise which employees or job functions are required to have what
level of clearances?
Which key personnel, if any, must be "Q" cleared?
Which key personnel, if any, must be "L" cleared?
Which key personnel, if any, must be "BAO" cleared?
(b) Can the contractor employ and utilize individuals who are
not United States citizens for positions that require a "BAO" Clearance?
(c) Can the contractor employ and utilize individuals who are
not United States citizens for positions that do not require clearances?
(d) What is the effect of this requirement on individuals who
are already employed by the Contractor? |
(a)
Access authorization level is determined by the specific job requirements of each
contractor employee. For example: There is a cylinder storage yard and a vault at ETTP
which require "Q" clearance for access. A "Q" or "L"
clearance is required for any employee needing unescorted access to the Limited Security
Areas. "BAO" (which stands for Building Access Only) is a badge category which
may be utilized by the Contractor for controlling access to Contractor facilities outside
the fenced Limited Security Areas. (b)and(c)
The "BAO" category is not considered to be a security clearance. Non-U.S.
citizens may be employed for work outside a Limited Security Area where no clearance is
required; however, they would be subject to Foreign Visits and Assignments regulations.
(d) Any employee, regardless of when employed, is subject to
the DOE security regulations. |
01/08/01 |
5.
H.4.
|
Section
(d) of clause H.4, Security Clearances, states that the "contractor, on a
case-by-case basis, will provide its own cleared escorts as needed and provide appropriate
training." Clarification Question:
Can you provide some examples of when the contractor may be
asked to provide its own cleared escorts? |
When
an individual who is a U.S. Citizen, but does not have an "L" or "Q"
clearance, requires access to a Limited Security Area, that individual must be accompanied
by a cleared escort. |
01/08/01 |
6.
H.4 (b).
|
Obtaining
Clearances: Prior to submitting individuals for clearances, the contractor must screen
individuals in accordance with an employee screening plan approved by the DOE Contracting
Officer’s Representative (COR). The certification by the contractor to the COR of a
favorable screening is required prior to employment. The screen shall include verification
of identity, citizenship, previous employment, and education and the results of credit and
law enforcement checks. Clearances will be provided, and paid for, by DOE. The request for
clearances and renewal of clearances must be justified based on actual job performance
requirements. Clarification Questions:
(a) Just to clarify, is it correct, that prior to submitting
an individual for any security clearance ("Q," "L," or
"BAO") the Contractor must verify the identity, citizenship, previous
employment, and education of the individual and run credit and law enforcement checks on
that individual?
(b) What must the certification by the contractor to the COR
consist of?
(c) Is the Contractor required to provide all the information
and documents from the screening to DOE when it submits the individual for a security
clearance?
(d) What is considered a "favorable screening?",
i.e., is failure to be a United States citizen unfavorable for ALL clearance requests,
including "BAO" clearances? How bad must an individual’s credit rating need
to be to be unfavorable? Are speeding tickets "unfavorable"? What about a DUI?
(e) Does the Contractor have to pay for this
"screening" at its own expense or will DOE cover some, or all of, expenses
related to the "screening?" |
(a,
b) Yes, it is correct that prior to submitting an individual for a "Q" or
"L" security clearance the Contractor must verify the identity, citizenship,
previous employment, education of the individual and run credit and law enforcement
checks. The term "BAO" is not a security clearance. (c) The Contractor needs only to certify to the DOE-COR that the
suitability investigation has been done and that the results are satisfactory to the firm.
(d) Determining what is considered a favorable screening
should be done on a case by case basis.
(e) After award of a contract, the Contractor’s costs
for screening of individuals to submit to DOE for security clearances are considered to be
reimbursable under the contract. |
01/19/01 |
| 7. H.4 and K.14. |
Page
K-18, Section K.14, "Facility Clearance," sub item (a)(1): It is stated that
Contract work will require access to classified information or SNM. What type of
classified information is anticipated to be involved in the program that will require
Contractor clearances, and is it possible for the Contractor to avoid such involvement and
still perform to contract requirements? |
Clause
K.14 "952.204-73 Facility Clearance" is a standard clause included in any DOE
contract which requires one or more Contractor employees to obtain a security clearance.
Even though the Contractor will be required to obtain a Facility Clearance due to the need
for security-cleared employees, the normal duties do not include processing classified
information or SNM. However, because some work will be performed in a Limited Security
Area where classified information is located, an "L" or "Q" clearance
is required for unescorted access. Therefore, a facility clearance cannot be avoided for
this contract. |
01/08/01 |
| 8. H.8. |
As
to software embodying patented inventions, is this clause subject to I.64,
"Authorization and Consent?" |
H.8
applies to software obtained from a vendor, on which we must honor the vendor’s
license terms. If the software is patented, as with any patented invention, authorization
and consent would apply to the patented invention. The contractor could use the patented
invention for the project, whether or not specified in the vendor’s license, subject
to the usual patent indemnity (if any), possible claims, and additionally the
vendor’s terms. Any portion of the software not covered by patent (presumably covered
instead by copyright and/or trade secret) would, of course not be subject to authorization
and consent. The Government’s and the contractor’s rights would be subject to
the vendors license terms. |
12/15/00 |
9.
H.12.
|
Does
workforce transition apply only to PACE workers (or former PACE workers) or does it also
include exempt/non-exempt personnel needed for staff technical, support and/or management
positions? |
It
is not limited to PACE workers, but also includes non-managerial, exempt and non-exempt
personnel. |
12/18/00 |
| 10. H.12. |
Does
continuity of benefits affect only DOE contractors or does this also apply to USEC for
non-union employees. |
Continuity
of benefits also applies to former USEC non-union employees hired. |
12/18/00 |
11.
H.2(b).
Labor Relations |
What
labor agreement or work justification requirements will be involved with the construction
and/or operation of the conversion plants by the local PACE union employees? Has any of
this anticipated work been historically performed by PACE employees? |
Please
refer to Section H.12 (b) Labor Relations, in the RFP for a discussion of these issues,
particularly items (2), (3) & (4) on pages H-10 and H-11. The cylinder surveillance
and maintenance work is currently performed by PACE members under the Bechtel Jacobs
Management and Integration Contract. |
12/18/00 |
12.
H.12(d).
Pay and Benefits |
The
speaker stated that compensation and benefits should be cost effective. However, Section
H.12(d) of the RFP effectively dictates pay and benefits, or appears to do so. The section
requires "substantial continuity" of benefits for both 1) transitioned and (2)
future employees. If this section is not intended to require that current benefit levels
remain substantially unchanged, does DOE consider that a contractor can provide
"substantial continuity of benefits" while also making a significant change to
the level of benefits offered to transitioned or future employees? |
The
contractor is required to provide "substantial continuity of benefits" within an
overall competitive pay and benefits package, but may make changes to the benefit package
offered to transitioned/displaced employees. These changes would require the contractor to
maintain positive labor-management relations and negotiate with the appropriate collective
bargaining representative |
12/18/00 |
| 13.Clause H.15(a) |
Will
the conversion facilities and/or DUF6 require NRC licenses? |
No. |
12/08/00 |
| 14.Clause H.17(b) |
Clarify
the intent of the phrase "operations within the Nuclear Facility will be conducted in
accordance with DOE approved authorization agreements." Does this apply to the full
DOE site (i.e., Paducah or Portsmouth) or only our DUF6 Conversion facility? |
"Operations
within the Nuclear Facility" applies to all operations that the DUF6 contractor might
perform as a part of this prime contract with DOE. It will cover the DUF6 Conversion
Plants and any other nuclear facilities, as defined by DOE Order, that the contractor
might operate under the auspices of this contract. |
12/08/00 |
| 15.Clause H.20. |
H.20:
Under the regulations the Contractor’s establishment of a tracking system is
voluntary, while this clause makes the Contractor’s establishment of a tracking
system a requirement. We presume nothing in this requirement precludes the Contractor to
establish our tracking system in such a way that addresses DOE requirements while
fulfilling the Contractor’s internal operational requirements, which may exceed those
of DOE. Is this correct? |
That
is correct. The contractor may have internal tracking requirements in addition to those of
DOE that could be part of their tracking system. |
12/13/00 |
| 16.Clause H.21. |
Are
the implementation plans and other DOE correspondence to the DNFSB, referenced in Special
Provision H.21, available to prospective offerors? |
The
DOE Implementation Plan for DNFSB Recommendation 95-1, Improved Safety of Cylinders
Containing Depleted Uranium, is available on the RFP website on the Information Only page.
The website of the DOE Departmental Representative to the DNFSB, www.deprep.org contains the DNFSB Recommendation, the DOE
response and a summary of actions. |
12/13/00 |
| 17. H.21; I-72(b). |
Section
I-72 (b) (52-228-15). Will full performance and payment bonds be required for 100% of the
full construction portion of the contract price? If so, why is this required for a cost
reimbursable contract? |
The
answer depends on the approach the Contractor proposes to conduct the work. In an instance
in which the prime contractor subcontracts the construction work, performance and payment
bonds would be furnished, prior to construction, by the subcontractor for the amount of
the subcontract. Under this scenario, bonds would not normally be required of the prime
Contractor. In any event, bonds do not need to be furnished with the proposal in response
to this RFP. |
01/30/01 |
| 18.Clause H.26. |
Is
performance and payment bonding to be required only for the construction portion of the
contract? If not, what other performance and payment bonding is required for other
elements of the Statement of Work? |
Performance
and payment bonding for the construction portion of the Statement of Work, only, is
required in accordance with the provisions of H-26, Bonding for Construction. It should be
noted, however, that a performance guarantee for the entire contract Statement of Work is
required under certain circumstances under the provisions of H.31, Performance Guarantee. |
12/13/00 |
19.
H.27.
|
[Consolidated
Question] Several questions have been submitted regarding the availability and costs of
services at the Paducah and Portsmouth sites. |
Similar
to our previous Q&A regarding the availability of utilities at the sites, the
conversion contractor also bears full responsibility for the provision of services in
support of its conversion facility and associated cylinder storage yards. These services
may be procured from other on-site contractors, or the conversion facility contractor may
choose to subcontract to other off-site entities or self-perform the services. To
facilitate getting information to offerors related to services on-site, a point-of-contact
has been established with the current on-site provider of certain services, United States
Enrichment Corporation. Prospective offerors should contact Mr. Charles Martin, at the
Paducah site, telephone (270) 441-5802, email to obtain information regarding these
services. Offerors should assume that DOE will continue to assure services availability at
the Paducah and Portsmouth plant sites when/if a diffusion plant is returned to DOE from
USEC. |
01/19/01 |
