part I
section c
description/specifications/statement OF WORK
table of contents
C.1 - Statement of Work
C.2 - Plans and Reports
PART I
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 - Statement of Work
The Statement of Work to be performed under this contract is as follows:
(a) General Scope of the Undertaking
The programs at the Laboratory may include, but are not limited to, the following work, in accordance with the programmatic interests and policies of DOE, and subject to the provisions of this contract:
(1) Research and Development Work
Basic and applied physical, engineering, and environmental research in fields of science which are of interest to DOE's programs. Such work includes the disciplinary areas of chemistry, physics, metallurgy, mathematics, engineering, computer, ceramics, and related fields. Work includes operation, maintenance, and development of research facilities, equipment and instrumentation.
It also includes Research and development work in areas of programmatic interest to DOE. Examples of such work are:
(i) development of advanced and innovative materials and chemical synthesis processing evaluation techniques and instrumentation, and
(ii) developmental research on purification techniques for and the actual production and characterization of research quantities of such materials as: actinide metals, the rare earth metals and compounds, the alkaline earths, refractory metals, composite materials, single crystals, amorphous and thin films, ceramic powders, and others. These materials will be made available on a cost-recovery basis to: DOE, its installations and contractors and, as appropriate, to other Federal laboratories, universities, and the private sector.
(2) Environmental Management
The Contractor shall support the DOE's Environmental Management (EM) Program in accordance with DOE program guidance letters, and approved project baselines in areas such as:
(i) Environmental remediation and facility deactivation, decommissioning, decontamination, and demolition.
(ii) Storage, treatment and disposal of all regulated waste streams generated on site or existing from previous operations.
(iii) Construction and maintenance of facilities to provide adequate protection of the public, employees, the environment and Government-owned materials, facilities, and equipment.
(iv) Implementation of waste minimization and pollution prevention initiatives.
(v) Research and development tasks to support technologies to reduce costs and improve efficiencies in environmental remediation. Deployment of technologies in demonstration programs and to the commercial sector should be emphasized as a final goal for any research and development.
The environmental management program shall be conducted in a manner which leads to increasing DOE, regulatory, and public confidence in cleanup efforts. Program elements will include: (A) implementing comprehensive project management systems to track progress, maintain regulatory compliance, and increase cost effectiveness of work activities; (B) developing integrated plans and schedules for incorporating input from DOE, regulators, and other stakeholders in cleanup activities; (C) maintaining technical depth to propose and manage cleanup activities effectively; and (D) implementing appropriate cleanup technologies to reduce costs and improve performance.
Specific responsibilities include:
1. Environmental Restoration
Effective programs for environmental restoration and other environmental activities must be established and maintained to provide compliance. Contractor support shall be provided to DOE as requested by the Contracting Officer.
2. Waste Management
Based on DOE funding guidance and other guidance documents, all waste management activities shall be managed in an integrated manner such that waste is managed consistently and in compliance with all applicable regulatory requirements. Plans for all waste, whether generated by processing, manufacturing, research activities, or site cleanup activities, shall be fully implemented to provide appropriate characterization, treatment, storage, transportation, disposal and technology development.
Waste management activities include: (A) timely characterization, consolidation and segregation of waste; (B) treatment that complies with storage and/or disposal criteria; (C) efficient shipment of waste for treatment, storage and/or disposal; (D) maintaining sufficient waste storage space at the Laboratory to accommodate waste generation and waste backlog; and (E) implementation of waste minimization and pollution prevention programs.
Based on DOE funding guidance and other guidance documents, the Contractor shall provide responsive and complete waste management services for characterization, treatment and storage through the appropriate use of existing facilities, new facilities, other DOE facilities, and private sector capabilities.
The Contractor's short and long range plans and activities for treatment, storage and disposal must be coordinated and integrated with DOE's national waste management program and the DOE, EM and DOE Chicago Office Strategic Plans.
The Contractor shall utilize its best efforts to fully integrate all environmental, waste, remediation, and operations activities so that all regulatory requirements and Federal Facility Agreements or consent orders are met.
3. Environmental Technology Development
Where appropriate, the various processes shall be integrated into systems to resolve the complex problems of backlogged waste, waste being generated by normal site operations, and future wastes that will be generated by such activities as environmental restoration and decontamination and decommissioning. The Contractor shall regularly review the plans for environmental restoration and waste management to identify technology needs and application/insertion points for technologies that can reduce costs and improve performance. The Contractor shall assure that technology development efforts are coupled with technology deployment initiatives and that practical deployment of Ames Laboratory developed technology to the commercial sector is a primary goal for technology development.
(3) Protection of the Worker, the Public and the Environment
The safety and health of workers and the public and the protection and restoration of the environment are fundamental responsibilities of the Contractor.
Accordingly, the Contractor shall:
(i) Take necessary actions, to prevent serious injuries and/or fatalities and prevent worker exposures and environmental releases in excess of established limits.
(ii) Establish specific environmental, safety, and health performance indicators for activities which are the basis for measuring progress toward continuous improvement.
(iii) Establish clear environmental, safety, and health priorities and commitments and manage activities in proactive ways that effectively increase protection to the environment and to public and worker safety and health.
(iv) Reduce environmental, safety and health risks by identifying, prioritizing, and eliminating hazards from site activities.
(v) Carry out all activities in a manner that complies with human health, safety and environmental regulations; minimizes wastes; and complies with applicable regulatory requirements and the approved set of ES&H Work Smart Standards.
(vi) Conduct Integrated Safety Management in accordance with Clause I.74.
(4) Technical Evaluation
Characterization and evaluation of nationally important projects, technology options and sites in terms of their environmental, cost, or other implications. Contractor activities in this area include site-specific environmental impact and remediation studies, evaluation of advanced energy technologies, assessments of environmental regulatory policies, and providing support to DOE in the evaluation and selection process for identifying construction site(s) for proposed new facilities.
(5) Technology Transfer and Cooperation with Industrial Organizations
The Contractor shall contribute to U.S. technological competitiveness through research and development partnerships with industry that capitalize on the Laboratory's expertise and facilities. Principal mechanisms to effect such contributions are: cooperative research and development, access to facilities, reimbursable work for non-DOE activities, personnel exchanges, and licenses.
Cooperation with industrial organizations to assist in increasing U.S. industrial competency and contributions to applications of energy science and technology. Such cooperation may include an early transfer of information to industry by arranging for the active participation by industrial representatives in the Laboratory's programs. Cooperation with industrial partners may include long-term strategic partnerships aimed at commercialization of Laboratory inventions or the improvement of industrial products. The Laboratory will respond to specific near-term technological needs of industrial companies with special consideration given to working with small, small disadvantaged and women-owned businesses. The Laboratory may also capitalize on its location in the industrial Midwest by developing productive relationships with regional and local companies and through forums such as conferences, workshops, and traveling presentations.
Cooperation may also include use by industrial organizations of Laboratory facilities and other assistance as may be authorized, in writing, by the Contracting Officer.
(6) Science and Mathematics Education and Other Cooperation with Research and Educational Institutions
Extensive work with colleges and universities, with special consideration on Historically Black Colleges and Universities/Minority Institutions, and programs to enhance science and mathematics education at all levels. Participation by a diverse group of faculty and students in Laboratory programs brings their talents to bear on important research problems and contributes to the education of future scientists and engineers. The Laboratory also conducts many programs for precollege students and faculty to enrich mathematics and science education. A particular purpose of these programs is to encourage members of under-represented societal groups to enter careers in science and engineering.
The Laboratory's broad program of cooperation with the academic and educational community and with nonprofit research institutions has the purpose of promoting research and education in scientific and technical fields of interest to DOE's programs and facilitating interrelationships in these fields between the Laboratory and other research and educational institutions. This cooperation may include, but is not limited to, such activities as the following:
(i) Joint experimental programs with colleges, universities, and nonprofit research institutions;
(ii) Interchange of college and university faculty and Laboratory staff;
(iii) Student/teacher educational research programs at the pre-collegiate and collegiate level;
(iv) Post-doctoral programs;
(v) Arrangement of regional, national, or international professional meetings or symposia;
(vi) Use of special Laboratory facilities by colleges, universities, and nonprofit research institutes; or
(vii) Provision of unique experimental materials to colleges, universities, or nonprofit research institutions or to qualified members of their staffs.
(7) Diversity
The Laboratory shall create and maintain an environment that values diversity, fully utilizes the talents and capabilities of a diverse workforce and does not tolerate discrimination or harassment in any form. The Contractor will seek to recruit a diverse workforce by promoting and implementing DOE and Laboratory goals. Special consideration will be given to Historically Black Colleges and University/Minority Institutions as potential resource pools. The Contractor will also strive to promote diversity in all of the Laboratory's subcontracting efforts with emphasis on the use of small, small disadvantaged and women-owned businesses.
(8) International Collaboration
In accordance with DOE policies, and in consultation with DOE, the Contractor will maintain a broad program of international collaboration in areas of research of interest to the Laboratory and to DOE. This collaboration will be both in areas where DOE has formal international cooperation agreements which assign the Contractor a specific role, as well as in areas of general interest to the Laboratory's and DOE's research programs.
This collaboration may include, but is not limited to, such activities as:
(i) Participation in assigned aspects of formal international agreements;
(ii) Maintenance of liaison with peer groups in the international research and development community;
(iii) Participation in programs of international scientific organizations;
(iv) Developing and proposing to DOE, joint experimental programs and/or work for others from international sponsors; or
(v) Participation in programs involving visits, assignments, or exchanges of staff.
(9) General Assistance and Services
The furnishing of such technical and scientific assistance (including training and other services, material, and equipment), which are consistent with and complementary to the DOE's and Laboratory's mission under this contract, both within and outside the United States, to the DOE and its installations, contractors, and interested organizations and individuals, as may be authorized, in writing, by the Contracting Officer.
(10) Other Research and Development Work
The Laboratory shall conduct research and development work for non-DOE sponsors which is consistent with and complementary to the DOE's mission and the Laboratory's mission under the contract, does not adversely impact or interfere with execution of DOE-assigned programs, does not place the facilities or Laboratory in direct competition with the private sector, and for which the personnel or facilities of the Laboratory are particularly well adapted and available, as may be authorized, in writing, by the Contracting Officer.
(11) Dissemination of Information
The Laboratory shall undertake activities pertaining to the dissemination of information relating to energy in general and Laboratory programs in particular and the stimulation and encouragement of such work by employees of the Contractor and users of the Laboratory, subject to the patent provisions and other applicable provisions of this contract.
(12) Management and Maintenance of Laboratory Facilities
The Contractor is responsible for the operation, including management and maintenance, of the Laboratory physical plant (Government-owned and leased facilities). This includes the planning in consultation with DOE, and the making of recommendations to DOE, for new buildings, facilities and utilities and alteration of existing buildings, facilities, and utilities on the Laboratory site and elsewhere, including the furnishing of all necessary basic design and operating criteria. The Contractor will provide for the design, engineering, construction, and alteration, by subcontract or otherwise, of such buildings, facilities, and utilities on the Laboratory site and elsewhere as authorized or approved, in writing, from time to time by DOE. Before proceeding with other than design aspects of any project which the Contractor, acting in good faith, considers may reasonably be within the coverage of the Davis-Bacon Act (40 U.S.C. 276a and following), the Contractor shall obtain a written determination by the Contracting Officer as to the applicability of the Davis-Bacon Act to such project. When it is determined that the Davis-Bacon Act does cover a particular work project, the Contractor shall procure by subcontract the covered work in accordance with DOE approved procedures.
(13) Other Subcontracting
The Contractor shall, when directed by the Contracting Officer, in writing, and may, but only when authorized by the Contracting Officer, as set forth elsewhere in this contract, enter into subcontracts for the performance of any part of the work under this Clause.
(14) Energy Management
The Contractor shall take all reasonable measures to improve the energy efficiency at the Laboratory facilities in accordance with DOE Directives herein made a part of this contract and sound business practices.
(15) Usage of Government Owned Property
Notwithstanding any other provision of this contract and in recognition of the cost savings to the Government reflected in the provisions of Clause H.29, the Contractor, upon the approval of the Laboratory Director, may use Government owned Laboratory equipment for its own research purposes so long as such usage complements and does not interfere with the mission of the Laboratory. Such property shall still be subject to the property management requirements set forth in Clause I.84, Property. It is also the expectation of the Parties that the Contractor will make its property available to the Laboratory on a reciprocal basis.
(b) General Responsibilities of the Parties
(1) Basic Considerations
It is the primary aim of DOE and the Contractor in executing this contract to provide an instrument under which the Laboratory will continue to be strengthened as a research, development and demonstration resource of DOE so that the work outlined in paragraph (a) of this Clause will be carried on most effectively. The Parties agree that the following principles are important to the realization of this goal:
(i) The benefits of Contractor operation of Government-owned research and development installations are most fully attained when the Contractor, within the terms of the contract, effectively brings its management experience and capabilities to bear on the contract activities.
(ii) The research and development capability of the Laboratory and the strength of universities of the Midwest and the Nation will benefit by a greater degree of participation by highly qualified university and industry staff in programs at the Laboratory.
(iii) The direction of the Laboratory must be in the hands of highly competent managerial and professional personnel, capable of attracting, retaining and managing a highly skilled and respected workforce of scientific, administrative and support personnel, possessing skills to manage and operate in a cost-effective manner, a Laboratory with extensive facilities and a wide range of programs.
(iv) The competence and quality of any research organization is based upon and flows from the competence and quality of those individuals who are actively engaged in the creative scientific and engineering work carried on by the organization.
(v) The Parties agree that safety of operations and equipment, protection of the environment, and worker and public safety will be given the highest priority in the conduct of Laboratory activities; provided, however, that whenever decommissioning, decontamination or other major environmental, safety or health projects necessitate substantial funding, DOE will cooperate to the extent feasible with the Contractor to permit the projects to be scheduled and funded in such a way as to minimize interference with ongoing research and development programs.
(vi) Experience has indicated that high quality basic and applied research work can best be carried on and maintained by permitting the individual investigators to pursue work with the freedom essential for effective creative effort.
(vii) Applied research and development work entails a greater degree of program coordination both by the Laboratory and by DOE. Responsiveness by the Contractor to DOE program needs and requests strengthens the effectiveness of the Laboratory arrangement.
(viii) DOE recognizes the importance of reasonable programmatic and institutional stability to the success of its multiprogram laboratories, especially in the basic and applied research areas. However, DOE, particularly in development areas, must be able to justify the proposed work with respect to many competing requests for funding and, in order to have adequate funds to support high priority work, DOE must choose among the requests and sometimes cease to fund existing work. It is the intent of DOE, subject to the availability of appropriated funds, to provide the funding necessary to adequately provide for the orderly cessation of work, including but not limited to, decommissioning costs and severance payments. It is recognized by the Parties that such program changes, as well as possible constraints on overall growth, will require staffing adjustments in the Laboratory from time to time. It is important that such staffing adjustments be made promptly and in a manner to retain the most productive Laboratory personnel. Also, it is vital that the Laboratory have an effective program for the recruitment and advancement of competent scientific and engineering talent.
(ix) Research and development work at the forefront of the scientific and technical fields which lie within the scope of the Contractor's responsibility requires the most suitable equipment, experimental facilities and library resources available.
(x) The management of the business and administrative aspects of the Laboratory must be supportive of a creative and dynamic Laboratory.
(xi) The Parties recognize the importance of fostering an atmosphere at the Laboratory conducive to scientific inquiry and the development of new knowledge and creative and innovative ideas related to important national interests. The Parties further recognize that the free exchange of ideas among scientists and engineers at the Laboratory and colleagues at universities, colleges, and other laboratories or scientific facilities is vital to the success of the scientific, engineering, and technical work performed by Laboratory personnel.
(xii) In order to further the goals of the Laboratory and the national interest, it is agreed by the Parties that the scientific and engineering personnel at the Laboratory shall be accorded the rights of publication or other dissemination of research, and participation in open debate and in scientific, educational or professional meetings or conferences. Any publication or dissemination must comply with applicable laws, regulations, DOE policies regarding protection and dissemination of information, applicable security provisions, technology transfer agreements and such other limitations as may be required by the terms of the contract. It is agreed by all Parties that it is desirable in public releases to acknowledge fully the contributions of all Parties to work thus reported.
In furtherance of the performance of the work under this contract and in light of the foregoing basic considerations, the Parties have agreed upon the statements of their responsibilities as set forth in the following sections, which shall be carried out in a cooperative spirit toward achieving their common objectives.
(2) DOE's Responsibilities
The proper discharge of DOE's responsibilities requires that it shall have the power to exercise general cognizance over the contract work to adequately fulfill these responsibilities, and to have full access to information concerning performance of such work. In order to discharge its responsibilities under this contract, DOE shall, subject to other provisions of this contract:
(i) Approve the Contractor's major policies and procedures affecting administration (such as finance, procurement, property, human resources, litigation management, employee protection, etc.), environmental, safety and health, and operation (such as maintenance, construction management, facilities, etc.) of the Laboratory. Once these contractor policies and systems are approved, the DOE will perform oversight by performance based outcome evaluation and by using its business system review process. It is the intent of DOE not to duplicate oversight responsibility which appropriately resides in other Federal agencies with statutory authority.
(ii) Formulate a coordinated scientific program, taking into consideration proposals submitted by the Contractor, which it can support with funds appropriated by the Congress.
(iii) Recognize the need, in planning its budgetary and program actions, to consider the role, mission and long-range objectives of the Laboratory as expressed in the approved Institutional Plan.
(iv) Plan its budgetary and program actions in consultation with the Contractor, with due recognition of the fact that sharp increases and decreases in funding may affect overall Laboratory effectiveness.
(v) Recognize the need to provide the Laboratory with the facilities and equipment necessary for the effective execution of approved work.
(vi) Keep the Laboratory and the Contractor advised, where pertinent, of DOE's scientific and technological activities, of information developed within DOE's programs, and of its current long-range objectives.
(vii) Conduct reviews of scientific program objectives and accomplishments and effectiveness of Laboratory management and consult with the Contractor regarding matters of mutual interest.
(3) Contractor's Responsibilities
The Contractor agrees that the performance of work and services pursuant to the requirements of this contract shall conform to high professional standards. The Contractor shall use its best efforts to efficiently manage the Laboratory in carrying out DOE-approved programs, in accordance with policies established by DOE and as specifically set forth in other provisions of this contract. The Contractor recognizes DOE is responsible for the conduct of all programs and for assuring that the Government funds are properly and effectively utilized.
In order to discharge its responsibilities under this contract, the Contractor shall, subject to other provision of this contract:
(i) Provide technically competent, productive and efficient scientific, engineering, professional, managerial and support personnel capable of performing outstanding, high quality work.
(ii) Create and maintain at the Laboratory an intellectual environment conducive to the stimulation of imaginative research and development work for carrying out DOE's program.
(iii) Formulate, review, and approve Laboratory policies and programs.
(iv) Develop long-range objectives for the Laboratory; formulate and revise an annual Institutional Plan covering the proposed work to be conducted at the Laboratory, together with master plans for staff and facilities required to carry out the recommended work; evaluate the programmatic accomplishments at the Laboratory on a continuing basis; and assure that the efforts at the Laboratory are consistent with the Institutional Plan and are directed toward programs that show the most promise and away from less promising programs which in the judgment of the Contractor should be reduced or eliminated.
(v) Assure that the results of the scientific and engineering work performed at the Laboratory and funded by DOE, other Federal agencies, or other sponsors for which an exception from full cost recovery has been made are fully and currently reported to DOE and/or the other sponsors, to the scientific and engineering community, to industry, and to the general public following internal review for quality and accuracy by:
(A) Following normal scientific and technical practices in the reporting of results through the recognized technical journals and consistent with guidance provided by DOE, through DOE's reporting system; and
(B) Furnishing such additional scientific or technical reports as are requested by DOE. The DOE agrees to collaborate with the Laboratory in determining the necessity, form, and frequency of such additional reports.
(vi) Assure that the Laboratory staff keeps itself abreast of worldwide scientific and technological developments in areas relevant to work under this contract.
(vii) Recognize the need in developing, formulating and carrying out the policies, programs and contract activities to give due regard to the guidance which DOE may furnish from time to time with respect to its multiprogram laboratories, as well as DOE guidance relating to programs at the Laboratory.
(viii) Provide for a wide range of advice from other universities and from high technology industry in determining policies for the operation of the Laboratory.
(ix) Continue, except as otherwise agreed, to maintain the Laboratory as nearly as may be practicable, consistent with adequate direction and control by the Contractor, as a self-contained administrative unit.
(x) Establish policies and objectives for cooperative research and educational programs between the scientific and technological community and the Laboratory.
(xi) Operate the Laboratory's facilities and carry on its programs in a manner designed to protect the health and safety of its employees and the general public and to protect the environment.
(xii) Assure the safety, operability, and functional adequacy of all Laboratory facilities and systems and comply with applicable DOE quality assurance, health, safety and environmental standards.
(xiii) Assure the safeguards and security of all Laboratory facilities and systems and comply with DOE safeguards and security directives as directed by the Contracting Officer.
(xiv) Manage the Laboratory with prudent business judgment to support a creative and dynamic Laboratory.
(xv) Keep DOE informed on its major activities under this contract.
(xvi) Recognize that appraisals are an integral part of DOE administration and be appropriately responsive to such reports and functional and programmatic appraisals conducted by DOE.
(xvii) Cooperate in every reasonable way with individuals or groups whose expert or consultative services DOE may choose to use to review and evaluate the scientific, technical, or other aspects of the contract work.
(xviii) Establish and maintain clear and effective operational, environmental, safety and health, and administrative policies and procedures covering the operation of the Laboratory.
(xix) Review and approve all Laboratory budget proposals, staffing plans, plans for modifying existing facilities and programs, and plans for establishing new facilities and programs.
(xx) Establish policies regarding the extent to which Laboratory scientific facilities may be made available for use by persons other than the Laboratory staff and to establish, as may be necessary, criteria and means for deciding priorities among the users of Laboratory facilities.
(xxi) Encourage the training of students, teachers and other research personnel, including university-level students and faculty, at the Laboratory as a means of broadening the training capabilities of the universities of the Midwest and of other educational institutions throughout the country for the purpose of increasing the total capability of the Nation for the training of research personnel.
(xxii) Secure vigorous participation in the Laboratory's programs by staff from other research institutions and industrial organizations, as appropriate, in a substantial and mutually beneficial manner.
(xxiii) Assure that, when Laboratory development work has reached the point at which industry can be expected to carry it into productive use, information regarding such work is made generally available to industry.
(xxiv) Select, manage and direct the employees at the Laboratory, all of whom are employees of the Contractor, and provide the scientific, technical and managerial personnel necessary to maintain a comprehensive scientific laboratory and to perform the work under this contract. Provide such other personnel or services as are necessary to operate and maintain the Laboratory facilities. In establishing or modifying levels of compensation and fringe benefits for employees, it is understood that the Contractor is guided by the following considerations:
(A) The Contractor should adopt wage, salary, and employee benefit policies and practices which will provide a technically competent, productive and efficient workforce consistent with the terms of this contract. One of the factors to be considered in establishing these policies and practices is the various labor markets, local, national and international, from which it competes for its employees.
(B) Subject to other considerations stated in the contract, the normal and typical aspects of wages, hours, and working conditions (which are the substance of collective bargaining) are left to negotiations between the Contractor and organized groups of employees.
(xxv) Encourage employees to continue their intellectual development and, as the occasion arises, to revitalize or re-orient their activities in order to maintain a staff of maximum capability adaptable to the needs of DOE programs.
(xxvi) Regularly assess the performance benefits of contracting out vs. in-house performance and report the results of these assessments to DOE.
(4) Administration of Responsibilities of the Parties
Unless DOE otherwise notifies the Contractor, in writing, DOE's responsibilities under this contract shall be administered by the Ames Group Manager, or designated representative. The Contractor shall keep the Contracting Officer advised of the names of persons authorized to represent it with regard to various matters.
C.2 - PLANS AND reports
The Contractor shall submit periodic plans and reports, in such form and substance as required by the Contracting Officer. These periodic plans and reports shall be submitted at the interval, and to the addresses and in the quantities as specified by the Contracting Officer. Where specific forms are required for individual plans and reports, the Contracting Officer shall provide such forms to the Contractor. The Contractor shall require subcontractors to provide reports that correspond to data requirements the Contractor is responsible for submitting to DOE. Plans and reports which may be submitted in compliance with this provision are in addition to any other reporting requirements found elsewhere in other clauses of this contract. It is the intention of DOE to consult with the Contractor in determining the necessity, form and frequency of any reports required to be submitted by the Contractor to DOE under this contract.