DOE Oak Ridge Operations

Questions and Answers

Section I: Contract Clauses

Question #/Section

Question

Answer

Date Posted

1. Clause I.13
   
I.13, FAR 52.215-9, Changes or Additions to Make-or-Buy Program. Is the clause, including its provision for an equitable reduction in fee in the event of a change to the plan, applicable only to the incentive phase of the project? Paragraph (d) of the clause I.13, Changes or Additions to Make-or-buy Program applies to the Incentive Fee Clause, which is applicable only to the construction work The rest of the clause, paragraphs (a), (b), and (c), applies to all work under the contract. 01/04/01
2. Clause I.59 The RFP includes Clause I.59, a Buy American Act clause applicable to supply contracts. The RFP appears to anticipate a contract for construction and for services, but not for supplies. Given that the RFP includes a Buy American Act clause for construction, Clause I.60, will DOE delete Clause I.59 from the RFP? Will DOE also delete the certification provision at K.11, which is applicable only to supply contracts? DOE does not plan to delete Clause I.59, 52.225-1, Buy American Act Balance of Payments Program-Supplies or 52.225-2, Buy American Act- Balance of Payments Program Certificate from the RFP. The Clause 52.225-l may be used in solicitations and contracts for supplies, and it also may be used in other solicitations and contracts. DOE has determined that it is applicable to this procurement and, therefore, should be included in the RFP. 12/08/00
3. Clause I.72(b);
H-21
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
4. 5-11. Clause I.102 What are the Contractor’s specific property insurance requirements for work on USEC property? Need the contractor consider that the scope of work involves work on property that is not "government property" within the context of this clause? Any insurance requirements with respect to the conversion contractor working on USEC property (including property leased to USEC from the Government) would be subject to the agreement between the conversion contractor and USEC. The I.102 provision only applies to government furnished property or property purchased by the Contractor for which the Contractor is entitled to be reimbursed. 01/11/01
5. I.118 Paragraph(b)(1)
(i)Organizational Conflict of Interest
Please specify the number of years that the contractor will be ineligible to participate in any capacity in Department contracts, subcontracts, or proposals thereof (solicited and unsolicited) which stem directly from the performance of the contract. The term will be 1 year. An amendment to the RFP will be issued reflecting this change. 12/08/00
6. I.134 Preexisting Conditions Is the contractor excluded from all potential liabilities for SWMU 194 pursuant to I.134, "Preexisiting Conditions?" To the extent SWMU 194 is a preexisting condition under the terms of clause I.134, the contractor will not be held responsible. If the contractor contributes to the liability after award of the contract, the contractor would be responsible to the extent of this and other applicable provisions of the contract. 12/08/00
7. I.136 Is the Workforce Restructuring Plan referenced in clause I.136 available to prospective offerors? The Oak Ridge Workforce Restructuring Plan can be viewed at http//www.oakridge.doe.gov/or98plan.html. This plan and web address will be added to the Information page on the RFP web site. The Workforce Restructuring Plans for Paducah and Portsmouth are in the process of being finalized and will be provided when available. 12/22/00
8. Clause I.138(b) The bracketed language in Clause I.138(b) states that "The contracting officer shall identify which of the following categories of records will be included in the clause." When will the contracting officer make that identification? An amendment will be issued to delete the bracketed sentence in paragraph (b) of Clause I.138, thereby defining that the current list of records are owned by the contractor. 12/08/00

 


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This page was updated 01/30/01