SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) RATING PAGE OF PAGES DO-E-2 1 415 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/ PURCHASE NO. [ ] SEALED BID (IFB) DE-NR0000031 DE-RP11-08PN38002 [X] NEGOTIATED (RFP) March 12, 2008 7. ISSUED BY U.S. Department of Energy Code 8. ADDRESS OFFER TO (if other than item 7) Naval Reactors Laboratory Field Office P.O. Box 109 West Mifflin, PA 15122-0109 NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". SOLICITATION 9. Sealed offers in original and see Section L copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in the Reception Room Lobby (call ext.-7274) until 12 Noon local time May 29, 2008 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. 10. FOR INFORMATION CALL A. NAME B. TELEPHONE NO. (NO COLLECT CALLS) C. E-MAIL ADDRESS Mr. Anthony J. DeNapoli (Include area code) (412) 476-7274 [email protected] 11. TABLE OF CONTENTS (9) SEC. DESCRIPTION Page(s) (9) SEC. DESCRIPTION Page(s) PART I - THE SCHEDULE PART II – CONTRACT CLAUSES X A Solicitation/Contract Form 1 X I Contract Clauses 155 X B Supplies or Services and Prices/Costs 3 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. X C Description/Specs./Work Statement 8 X J List of Attachments 216 X D Packaging and Marking ½ PART IV – REPRESENTATIONS AND INSTRUCTIONS X E Inspection and Acceptance ½ K Representations, Certifications and Other Statements of Offerors X F Deliveries or Performance 2 X G Contract Administration Data 2 L Instructions, Conditions, and Notices to Offerors X H Special Contract Requirements 27 M Evaluation Factors for Award OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. 12. In compliance with above, the undersigned agrees, if this offer is accepted within calendar days (213 calendar days unless a longer period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the Designated point(s), within the time specified in the schedule. 13. DISCOUNT FOR PROMPT PAYMENT 10 Calendar Days 20 Calendar Days 30 Calendar Days Calendar Days % % % % 14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated: 0001 3/13/2008 0002 4/18/08 15A. NAME AND CAGE CODE 52YT1 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) ADDRESS OF Bechtel Marine Propulsion Corporation OFFEROR 50 Beale Street Shafik Haddad Vice President San Francisco, CA 94105-1895 15B. TELEPHONE NO. [ ] 15C. Check If Remittance Address Is Different from 17. SIGNATURE 18. OFFER DATE (Include area code) above. Enter Such Address in Schedule. 415- 768-0790 /s/ Shafik Haddad May 27, 2008 AWARD ( To be completed by Government) 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION See - B2 All 22. Authority for Using Other That Full and Open Competition: 23. Submit Invoices to Address Shown in ITEM [ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c) ( ) ( 4 copies unless otherwise specified) H29 24. ADMINISTERED BY (If other than item 7) CODE 25. PAYMENT WILL BE MADE BY CODE See Section I, clause entitled “Payments and Advances” 26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE /s/ H. A. Cardinali September 18, 2008 H. A. Cardinali, Manager, NRLFO (Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. NSN 7540-01-152-8064 STANDARD FORM 33 (REV. 9-97) PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.214(C) Section B Page 2 of 3 2. ESTIMATED COST AND FEE (BASE AND OPTION) (a) Estimated Cost. BASE: Estimated cost for fiscal year 2009 is $487,200,000. Estimated cost for fiscal year 2010 is $761,258,000. Estimated cost for fiscal year 2011 is $979,612,000. Estimated cost for fiscal year 2012 is $1,043,428,000. Estimated cost for fiscal year 2013 is $1,025,068,000. OPTION: Estimated cost for fiscal year 2014 is $934,202,830. Estimated cost for fiscal year 2015 is $963,850,155. Estimated cost for fiscal year 2016 is $977,515,402*. (b) Fee A "fee discount factor" of 82.5% shall apply to the fee for each contract year including options. The fixed fee will be incorporated annually. It will consist of the fee calculated in accordance with Section H-12, “Determination of Annual Fixed-Fee” and the proposed fee discount factor. (c) Fixed-Fee The fixed-fee payable to the contractor for the performance of the work under this contract is as follows: BASE: $5,557,000 for contract year 1 $6,988,000 for contract year 2 $7,272,862 for contract year 3 $6,992,377 for contract year 4 $7,429,475 for contract year 5 OPTION: $7,701,466 for contract year 6 $7,823,654 for contract year 7 $7,847,631 for contract year 8* Mod 0125 Section B Page 3 of 3 There shall be no adjustment in the amount of the contractor’s fixed-fee by reason of differences between any estimate of cost for performance of the work under this contract and the actual costs for performance of that work. Note: The annual fixed-fees as provided above will be incorporated by a modification to this contract. *The estimated cost and fixed-fee for fiscal year 2016 or contract year 8 are based on anticipated funding levels. Any increase or decrease in the actual funding levels may result in a renegotiation of the commensurate estimated cost and fixed-fee for fiscal year 2016/contract year 8. Mod 0125 CONTRACT NO. DE-NR0000031 Part I Section C Description/Specifications, Work Statement Index of Section C October 1, 2011 Description Pages 1. Statement of Work 1-7 Mod 056 Section C Page 1 of 7 1. STATEMENT OF WORK (a) This contract is for the consolidated management and operation of the Bettis Atomic Power Laboratory sites and the Knolls Atomic Power Laboratory sites. The contractor shall manage and perform work and services, and manage, operate and maintain the sites both as described in this contract and as designated in writing from time to time by DOE, including the utilization of information, material, funds, and other property of DOE, the collection of revenues, and the acquisition, sale or other disposal of property for DOE, subject to the limitations as hereinafter set forth. The contractor shall manage and perform said work and services at the sites, or at other locations, as appropriate, and manage, operate, and maintain said facilities upon the terms and conditions herein provided and in accordance with such directions and instructions, not inconsistent with this contract, which DOE may deem necessary and give to the contractor from time to time. In the absence of applicable directions and instructions from DOE, the contractor will use its best judgment, skill, and care in all matters pertaining to the performance of this contract. (b) The Government will identify contract performance objectives for each of the functional areas listed below at the initiation of the contract and from time to time thereafter. Reactor Physics Support and Development Nuclear Operations Training Safeguards and Security Reactor Plant Systems Engineering Reactor Plant Engineering and Design Prototype Operation and Inactivation Reactor Servicing Infrastructure and Administrative Services Reactor Engineering Fluid Systems Design and Plant Engineering Control Equipment, Systems and Plant Analysis Valve Engineering Radiological Control, Chemistry and Environmental Technologies Materials Verification and Development Steam Generator and Primary Component Mod 056 Section C Page 2 of 7 Environmental Analyses Safety Analysis and Computation The contractor shall prepare a seven year detailed work plan based on these objectives with associated performance requirements and performance standards, and submit it for contracting officer review and approval. Work plans will clearly reflect the mission objectives and include detailed work scopes, schedules, etc. necessary to ensure objective accomplishment. Work plans shall be updated annually consistent with the Government’s annual objectives update. Contractor performance shall be assessed in accordance with the Government’s quality assurance plan. The contractor will receive periodic performance assessments based on the contractor’s results in meeting the Government’s objectives. The assessment of the contractor’s performance will be used to determine the contractor’s future scope of work and budget allocations. Performance assessments will also be used to support a determination as to whether or not to exercise the options contained in this contract for an extension of the period of performance. (c) Unless DOE otherwise notifies the contractor in writing, its responsibilities under this contract shall be administered by the Manager, Naval Reactors Laboratory Field Office, and his authorized representatives. (d) The work and services and the management of facilities at the sites as designated hereunder shall be conducted in accordance with programs designated in writing from time to time by DOE and the DOE directions and instructions referred to in paragraph (a) above.