department of energy - ambushed grand jury · 2017-05-22 · management and records management...

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Department of EnergyWashington, DC 20585

September 30, 2016

Dear :

Re: HQ-2016-01217-F

This is the final response to the request for information that you sent to the Department ofEnergy (DOE) under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. You requestedthe following:

1. Any inter-agency agreement (TAG) or memorandum of understanding (MOU) thatearmarked and/or authorized nearly $8,000,000 from the El.S. Department of Energy(DOE) to the U.S. Fish and Wildlife Service (USFWS) at Rocky Flats for the visitorcenter, bike trails and/or other improvements, to include all expenditures between DOEand USFWS from a period of time spanning between 1992 to the present 2016.

2. The published paper, "Are You Prepared to Survive an FBI Raid at Your Facility?" citedby the Mutty Sharfi in the White Paper: "Evaluation of Petitioner Concerns about DataFalsification and/or Data Invalidations in RFP Building 123 Based on WorkerAllegations."

As stated in our August 23, 2016 letter, the second item of your request is not under thejurisdiction of DOE. However, it is publicly available by contacting the Nuclear InformationManagement and Records Management Association (NIRMA) at www.nirma.org and via emailat [email protected].

The first item of your request was assigned to the Office of Legacy Management (EM) toconduct a search of its files for responsive documents. LM started its search on August 25, 2016,which is the cutoff date for responsive documents. LM completed its search and located one (I)document responsive to yoiu request. The document is being released to you in its entirety

The adequacy of the search may be appealed within 90 calendar days from your receipt of thisletter pursuant to 10 C.F.R. § 1004.8. Appeals should be addressed to Director, Office ofHearings and Appeals, HG-1, L'Enfant Plaza, U.S. Department of Energy, 1000 IndependenceAvenue, S.W., Washington DC 20585-1615. The written appeal, including the envelope, mustclearly indicate that a FOIA appeal is being made. You may also submit your appeal by e-mailto [email protected], including the phrase "Freedom of Information Appeal" in thesubject line. The appeal must contain all the elements required by 10 C.F.R. § 1004.8, includinga copy of the determination letter. Thereafter, judicial review will be available to you in the

Printed with soy ink on recycled paper

Federal District Court either (1) in the district where you reside, (2) where you have yourprincipal place of business, (3) where the Department's records are situated, or (4) in the Districtof Columbia.

You may contact DOE's FOIA Public Liaison, Alexander Morris, Acting Director, Office ofInformation Resources, at 202-586-5955 or by mail at MA-90/Forrestal Building 1000Independence Avenue, S.W. Washington, D.C. 20585 for any further assistance and to discussany aspect of your request. Additionally, you may contact the Office of GovernmentInformation Services (OGIS) at the National Archives and Records Administration to inquireabout the FOIA mediation services they offer. The contact infonnation for OGIS is as follows; Officeof Government Information Services, National Archives and Records Administration, 8601 AdelphiRoad-OGIS, College Park, Maryland 20740-6001, e-mail at [email protected]; telephone at 202-741-5770; toll firee at 1-877-684-6448; or facsimile at 202-741-5769.

The FOIA provides for the assessment of fees for the processing of requests. See 5 U.S.C.552(a)(4)(A)(i) and 10 C.F.R. Part 1004.9(a). In our August 23,2016 letter, you were advisedthat your request was placed in the "other" category for fee purposes. Requestors in thiscategory receive two (2) free hours of search time and 100 pages at no cost. In the same letter,your fee waiver request was granted. Thus, no fees will be charged for processing your request.

If you have any questions about the processing of the request or this letter, you may contact Ms.Naisha Johnson at:

MA-90/ Forrestal Building1000 Independence Avenue, SWWashington, DC 20585

, (202) 586-0105

I appreciate the opportunity to assist you with this matter.

Sincerely,

orrisAlexander i

FOIA Officer

Office of Information Resources

Enclosure

INDEX

Request #: HQ-2016-01217-F

Final response to the request from for the following:

1. Any inter-agency agreement (TAG) or memorandum of understanding (MOU) thatearmarked and/or authorized nearly $8,000,000 from the U.S. Department ofEnergy (DOE) to the U.S. Fish and Wildlife Service (USFWS) at Rocky Flats for thevisitor center, bike trails and/or other improvements, to include all expendituresbetween DOE and USFWS from a period of time spanning between 1992 to thepresent 2016.

2. The published paper, "Are You Prepared to Survive an FBI Raid at Your Facility?"cited by the Mutty Sharfi in the White Paper: "Evaluation of Petitioner Concernsabout Data Falsification and/or Data Invalidations in RFP Building 123 Based onWorker Allegations."

As stated in our August 23,2016 letter, the second item of your request is not under thejurisdiction of DOE. However, it is publicly available by contacting the Nuclear InformationManagement and Records Management Association (NIRMA) at www.nirma.org and via emailat [email protected].

The Office of Legacy Management (LM) conducted a search of its files and located one (1)document responsive to the first item of your request.

• One (1) document is being released to you in its entirety.

INTERAGENCY AGREEMENT1.IAA NO.

DE-LM0000433/0003

PAGE

1

3. REQUISITION NO.

16LM000134

4. SOLICITATION NO.

5. EFFECTIVE DATE

08/10/2016

6. AWARD DATE

08/10/2016

7. PERIOD OF PERFORMANCE

08/21/2015 TO 08/19/2021

8. SERVICING AGENCY

CONTRACTING AND FACILITIES MANAGEMENT, DIVISION OF

ALC;

DUNS: 151157950 +4:

134 Union Boulevard

Lake>vood CO 80228

9. DELIVER TO

Office of HQ PS (HQ)

U.S. Department of Energy-

Office of Headquarters Procurement

MA-6 4

1000 Independence Ave., S.W.

Washington DC 20585

US

POC

TELEPHONE NO.

Barbara Boyle

3032364323

10. REQUESTING AGENCY

Headquarters Procurement Services

ALC:

DUNS: +4:


Washington DC 20585

POC

TELEPHONE NO.

11. INVOICE OFFICE

HQ - Germantown

U.S. Department of Energy

P.O Box 500

Germantown MD 20875

12. ISSUING OFFICE




MA-64


Washington DC 20585

13. LEGISLATIVE AUTHORITY

31 U.S.C. 1535 - The Economy Act

14. PROJECT ID

15. PROJECT TITLE

ROCKY FLATS NATIONAL WILDLIFE REFUGE MULTIPURPOSE

16. ACCOUNTING DATA

See Schedule

17.

ITEM NO.

18.

SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT

Tax ID Number: 53-0201504

DUNS Number: 151157950

The purpose of this modification is to obligate

funding for this lA.

Accordingly, funding of $500,000 has been

obligated, increasing the total obligations fron

$475,000 by $500,000 to $975,000.

All terms and conditions remain unchanged and ir

full force and effect.

23. PAYMENT PROVISIONS 24. TOTAL AMOUNT

$8,315,000.00

25a. SIGNATURE OF GOVERNMENT REPRESENTATIVE (SERVICING) 26a. SIGNATURE OF GOVERNMENT REPRESENTATIVE (REQUESTING)

Signature on File

25b. NAME AND TITLE 26b. CONTRACTING OFFICER

Obiajulum Diei-Anene

26c. DATE

08/10/2016

INTERAGENCY AGREEMENT1. lAANO.

DE-LM0000433/0002

PAGE

1

3. REQUISITION NO. 4. SOLICITATION NO.

5. EFFECTIVE DATE

09/01/2015

6. AWARD DATE

09/01/2015


08/21/2015 TO 08/19/2021

8. SERVICING AGENCY


ALC:

DUNS: 161157950+4:

134 Union Boulevard

Lakewood CO 80228

9. DELIVER TO

POC

TELEPHONE NO.

Barbara Boyle

3032364323



ALC:

DUNS: +4:


Washington DC 20585

POC

TELEPHONE NO.

11. INVOICE OFFICE

HQ - Germantown


P.O Box 500

Germantown MD 20875

12. ISSUING OFFICE




MA-64


Washington DC 20585


14. PROJECT ID

15. PROJECT TITLE


16. ACCOUNTING DATA

See Schedule

17.

ITEM NO. SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT



The purpose of this administrative action is to

add Mr. Scott Surovchak as the COR in the DOE

STRIPES procurement system.

23. PAYMENT PROVISIONS 24. TOTALAMOUNT

$8,315,000.00


Signature on File


Christine A. Hopper

26c. DATE

09/01/2015

INTERAGENCY AGREEMENT1. lAA NO.

DE-LM0000433/0001

PAGE

1

3. REQUISITION NO.

15LM000087

4. SOLICITATION NO.

5. EFFECTIVE DATE

08/26/20156. AWARD DATE

08/26/2015


08/21/2015 TO 08/19/2021

8. SERVICING AGENCY


ALC:

DUNS: 151157950 +4:

134 Union Boulevard

Lakewood CO 80228

9. DELIVER TO

Office Of HQ PS (HQ)



MA-6 4


Washington DC 20585

US

POC

TELEPHONE NO.

Barbara Boyle

3032364323



ALC:

DUNS: +4:


Washington DC 20585

POC

TELEPHONE NO.

11. INVOICE OFFICE

HQ - Germantown


P.O Box 500

Germantown MD 20875

12. ISSUING OFFICE




MA-64


Washington DC 20585


14. PROJECT ID

15. PROJECT TITLE


16. ACCOUNTING DATA

02

17.

ITEM NO.

18.

SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT



The purpose of this action is to establish a nev

Interagency Agreement (lAA) between LM and the

U.S. Fish and Wildlife Service (USFWS) for Rock^

Flats Multipurpose Building and add incremental

funding.

The lAA ceiling is established at $8,315,000.00.

Funds in the amount of $475,000 are incremental]

added.

Delivery: 1 Days After Award

Continued ...

23. PAYMENT PROVISIONS 24. TOTALAMOUNT

$8,315,000.00


Signature on File


Christine A. Hopper

26c. DATE

08/26/2015

lAANO

DE-LM0000433/0001

PAGE

2

00001

Fund: 01050 Appr Year: 2015 Allottee: 60 Report

Entity: 301981 Object Class: 25102 Program:

1715202 Project: 0000000 WFO: 0000000 Local Use:

0000000

Change Item 00001 to read as follows(amount shown

is the total amount):

Establish a new Interagency Agreement (lAA) and

add incremental funding in the amount of

$475,000.00.

Line item value is:$8,315,000.00

Incrementally Funded Amount: $475,000.00

Period of Performance: 08/21/2015 to 08/20/2020

8,315,000.00

INTERAGENCY AGREEMENT1.IAAN0.

DE-LM0000433

PAGE

1 16

2. ORDER NO. 3. REQUISITION NO.

15LM000087

4. SOLICITATION NO.

5. EFFECTIVE DATE

08/21/20156. AWARD DATE

08/26/20157. PERIOD OF PERFORMANCE

08/21/2015 TO 08/19/2021

8. SERVICING AGENCY


ALC:

DUNS: 151157950 +4:

134 Union Boulevard

Lakewood CO 80228

9. DELIVER TO




MA-6 4


Washington DC 20585

US

POC

TELEPHONE NO.

Barbara Boyle

3032364323



ALC:

DUNS: +4:


Washington DC 20585

POC

TELEPHONE NO.

11. INVOICE OFFICE

HQ - Germantown


P.O Box 500

Germantown MD 20875

12. ISSUING OFFICE




MA-64


Washington DC 20585


31 U.S.C. 1535 - The Economy Act

14. PROJECT ID

15. PROJECT TITLE


16. ACCOUNTING DATA

02

17.

ITEM NO.

18.

SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT



The purpose of this action is to establish a nev

Interagency Agreement (lAA) between LM and the

U.S. Fish and Wildlife Service (USFWS) for Rock]^

Flats Multipurpose Building and add incremental

funding.

The lAA ceiling is established at $8,315,000.00.

Funds in the amount of $475,000 are incremental]

added.

Delivery: 1 Days After Award

Continued ...

23. PAYMENT PROVISIONS 24. TOTAL AMOUNT

$8,315,000.00


Signature on File


Christine A. Hopper

26c. DATE

08/26/2015

lAANO

DE-LM0000433 Jl6

00001

Fund: 01050 Appr Year: 2015 Allottee: 60 Report

Entity: 301981 Object Class: 25102 Program:

1715202 Project: 0000000 WFO: 0000000 Local Use:

0000000

Establish a new Interagency Agreement (lAA) and

add incremental funding in the amount of

$475,000.00.

Line item value is:$8,315,000.00

Incrementally Funded Amount: $0.00

Period of Performance: 08/21/2015 to 08/20/2020

8,315,000.00

MEMORANDUM OF AGREEMENT

BETWEEN

THE DEPARTMENT OF ENERGY

OFFICE OF LEGACY MANAGEMENT

AND

DEPARTMENT OF THE INTERIOR, US FISH AND WILDLIFE SERVIOB

ARTICLE I - PURPOSE AND AUTHORITY

This Memorandum of Agreement ("MOA") is entered into by and between the Department of theInterior, US Fish & Wildlife Service (USFWS) and the Department of Energy, Office of LegacyManagement ("DOE-LM") or ("the parties") for the purpose of establishing a mutual iramewoi^governing the respective responsibilities of Uie parties to provide Rocky Flats National Wildlife Refuge aMultipurpose Building, to include design, construction and operation of the facility. This MOA Is enteredinto pursuant to the Economy Act of 1932 (31 U.S.C. Sec. 1535), Other provisions that apply are theNational Wildlife Refuge Administration Act of 1966, as amended (16 U.S.C, 668dd-668ee) and theRocky Flats National Wildlife Refuge Act of2001 (Public Law 107-107).

ARTICLE II-SCOPE

USFWS will design and construct a Multi-Purpose Facility on or near the federal properlycomprising the Rocky Flats National Wildlife rcfiige. The USFWS will prociu'e or provide displaydesign and construction expertise, and will equally share in the short term (5 years after projectcompletion) operation and maintenance of the facility in accordance with the funding and scheduledescribed in Part B of the Interagency Agreement (lA), The parties also agree to share equally in the longterm (6-75 years after project completion) operation and maintenance of the multi-purpose facility.

Nothing in this MOA shall be construed to require DOE-LM to use the USFWS or to require theUSFWS to provide any additional goods or services to DOE-LM, except as may be set forth In the lA,

ARTICLE m - INTERAGENCY COMMUNICATIONS

To provide for consistent and effective communication between the USFWS and DOE-LM, eachparty shall appoint a Principal Representative to serve as its central point of contact on matters relating tothis MOA, Additional representatives may also be appointed to serve as points of contact on lAs.

ARTICLE IV - INTERAGENCY AGREEMENTS

In response to requests from the DOE-LM for USFWS assistance under this MOA, tlie USFWS andDOE-LM shall conclude mutually agreed upon written lAs that must include:

• a detailed scope of work statement;t schedules;

• funding arrangements, including whether payment shall be in advance or by reimbursement;• the amount of funds required and available to accomplish the scope of work as stated above; and• the DOE-BM's fund citation and the date upon which the cited fimds expire for obligation

purposes;

• identification of individual proj ect managers;

• identification of types of contracts to lie used (if known);• types and frequencies of reports;« identification of which party is to be responsible for govemment-fumished equipment; contract

administration; records maintenance; rights to data, software, and intellectual property; andcontract audits;procedures for amending or modifying the lA; andsuch other particulars as are necessary to describe clearly the obligations of the parties withrespect to the requested goods and services.

Goods or services shall be provided under this MOA only after an appropriate lA has been signed bya representative of each paify authorized to execute that lA. Upon signature by each party'srepresentative, an lA shall constitute a valid order. In the case of conflict between this MOA and an lA,this MOA shall control.

ARTICLE V - RESPONSIBILITIES OF THE PARTIES

A. Responsibilities of the USFWS

1. The USFWS shall provide DOE-LM witli goods or services in accordance with thepurpose, terms, and conditions of this MOA and with specific requirements set forth inlAs and implementing arrangements.

2. The USFWS shall identify authorized USFWS representatives to sign lAs.

3. The USFWS shall use its best efforts to provide goods or services either by contract or byill-house effort.

4. The USFWS shall provide detailed periodic progress, financial and ofiier reports to DOE-LM as agreed to in the lA. Financial reports shall include information on all fundsreceived, obligated, and expended, and on forecast obligations and expenditures.

5. The USFWS shall inform DOE-LM of all contracts entered into under each lA.

6. The USFWS shall be responsible for all costs associated with access to all woric sites andsupport facilities, and shdl perform all coordination with, and obtdn any permits fi-om,state and local agencies as necessary during the execution of the lA.

7. The USFWS shall provide Statement of Work (SOW), cost estimate, and schedule forinclusion within lAs by DOE-LM.

8. USFWS shall provide a conceptual design of the building and displays, cost estimate(including highway and utility improvements), and schedule for construction as a portionof Phase I to DOE-LM for approval prior to commencement of Phase II Construction.

9. USFWS shall provide a Final Design for the facilify, including displays/exhibits to DOE-LM for approval prior to commencement of construction.

10. USFWS shall include DOE-LM in facility and display/exhibit acceptance.

B. Responsibilities of the Department of Energy, Office of Legacy Management

1. The DOE-LM shall certify, prior to the execution of each lA under this MOA that the lAcomplies with the requirements of the Economy Act of 1932 (31 U.S.C. Sec. 1535).Other provisions that apply are the National Wildlife RefUge Administration Act of 1966,as amended (16 U.S.C. 668dd-668ee) and Roclg^ Flats National Wildlife Refiige Act of2001 (Public Law 107-107).

2. The DOE-LM shall ensure that only authorized DOE-LM contracting officers sign lAs.

3. The DOE-LM shall develop draft lAs to include SOW, schedule, and cost estimates asprovided by USFWS,

4. The DOE-LM shall have review and concurrence right to all designs, schedules, costestimates and product acceptance developed by USFWS imder the lAs.

ARTICLE VI - FUNDING

DOE-LM will pay USFWS invoices from amounts identified in the lA on a reimbursable basis tothe maximum amount specified in Section B, 12 of Part B of the lA. The USFWS will present an itemizedstatement to the Department of Energy for reimbursement of incurred contract costs and assisted servicessupport costs. The Department of Energy will pay reimbursable billings to the USFWS from fundsidentified in section B.12. See section 7 of Part A for additional terms and conditions addressing billingand payment. USFWS policy (264 FW 1 & 264 FW 2) on reimbursable agreements and cost recoverywill apply.

ARTICLE VII - APPLICABLE LAWS

This MOA and all documents and actions pursuant to it shall be governed by the applicablestatutes, regulations, directives, and procedures of fiie United States. Unless otherwise required by law, allcontract work undertaken by the USFWS shall be governed by USFWS policies and procedures.

ARTICLE VIII - CONTRACT CLAIMS AND DISPUTES

All claims and disputes by contractors arising under or relating to contracts awarded by theUSFWS shall be resolved in accordance with Federal law and the terms of the individual contract. TheUSFWS shall have dispute resolution authority for these claims. Any contracting officer's final decisionmay be appealed by the contractor pursuant to the Contract Disputes Act of 1978 (41 U.S.C. § 601-613).The Armed Services Board of Contract Appeals (ASBCA) is designated as the appropriate board ofcontract appeals. In lieu of appealing to the ASBCA or its successor, the contractor may bring an actiondirectly to the United States Court of Feder^ Claims.

The USFWS shall be responsible for handling all litigation involving disputes and appeals, andfor coordinating with the Department of Justice as appropriate. The USFWS shall notify DOE-LM of anysuch litigation and afford DOE-LM an oppoitunify to review and comment on the litigation proceedingsand any resulting settlement negotiations.

ARTICLE IX - DISPUTE RESOLUTION

The parties agree that, in the event of a dispute between the parties, DOE-LM and the USFWSshall use their best efforts to resolve that dispute in an informal fashion through consultation andcommunication, or other forms of non-binding alternative dispute resolution that is mutually acceptable tothe parties. The parties agiee that, in the event such measures fail to resolve the dispute, they shall refer itfor resolution to the Office of Management and Budget

ARTICLE X - RESPONSIBILITY FOR COSTS

If liability of any kind is imposed on the United States relating to the USFWS' provision of goodsor services under tills MOA, tlie USFWS will accept accountability for its actions, but DOE-LM shallremain responsible as the program proponent for providing such funds as are necessary to discharge theliability, and all related costs. This obligation extends to all funds legally available to discharge thisliability, including other DOE-LM funds that may be made legally available through transfer,reprogramming, or other means. Should DOE-LM have Insufficient funds legally available, includingother DOE-LM funds that may be made legally available through transfer, reprogramming or othermeans, they remain responsible for seeking additional funds from Congress for such purpose, althoughnothing in this MOA shall be construed to imply that Congress will appropriate funds sufficient to meetthe liability.

Notwithstanding the above, this MOA does not confer any liability upon DOE-LM for claimspayable by the USFWS under the Federal Torts Claims Act. Provided further that nothing in this MOA isintended or will be construed to create any rights or remedies for any third party and no third party isintended to be a beneficiary of this MOA,

ARTICLE XI - PUBLIC INFORMATION

Justification and explanation of DOE-LMPs programs before Congress and other agencies,departments, and offices of the Federal Executive Branch shall be the responsibility of DOE-LM. TheUSFWS may provide, upon request, any assistance necessaiy to support the DOE-LM's justification orexplanations of DOE-LM's programs conducted under this MOA. DOE-LM or the USFWS shall make itsbest efforts to give the otlier party advance notice before making any public statement regarding workcontemplated, undertaken, or completed pursuant to lAs under this MOA.

ARTICLE XII - MISCELLANEOUS

A. Other Relationships or Obligations

This MOA shall not affect any pre-existing or independent relationships or obligations betweenDOE-LM and the USFWS.

B. Survival

The provisions of this MOA which require performance after the expiration or termination of thisMOA shall remain in force notwithstanding the expiration or termination of this MOA.

C. Severability

If any provision of this MOA is determined to be invalid or unenforceable, the remainingprovisions shall remain in force and unaffected to the fullest extent permitted by law andregulation.

D. Funding

The MOA is neither a fiscal nor a funds obligation document. Nothing is this MOA authorizes oris intended to obligate the parties to expend, exchange or reimburse funds, services or supplies, ortransfer or receive anything of value.

ARTICLE XIII - AMENDMENT, MODIFICATION AND TERMINATION

This MOA may be modified or amended only by written, mutual agreement of the parties. Eitherparty may terminate this MOA by providing written notice to the other party 30 calendar days prior tocancellation. The termination shall be effective upon the sixtieth calendar day following notice, unless alater date is set forth. In the event of termination, DOE-LM shall continue to be responsible for all costsincun'ed by the USFWS under this MOA and for the costs of closing out or transferring any ongoingcontracts.

ARTICLE XIV - EFFECTIVE DATE

This MOA shall become effective when signed by both DOE-LM and the USFWS.


^stine A.^opper!!ontracting OfficerDepartment of EnergyOffice of Legacy Management

U.S. Fish and Wildlife Service

WiliMeeks

Assistant Regional Director, RefugesDepartment of the biteriorU.S. Fish &Wildlife Service

Date:_ Date:_

Interagenoy Agi'wmerttPart A*General Terms and Conditions

A. !♦ Purpose

This Part of the Interageney Agreeinent (lA) (hereinafter "Part A") describes the terms and conditions thatgovern the provision of this interageney transaction between D^artment of Energy, hereinaftffl- "theRequesting Agency" ami Department of the Interior, U.S. Pish & Wildlife Service (USFWS), hereinafter"the Servicing Agency." Both parlies are working together via this lA to acoompllsh the nitioles outlinedill the Memorandum of Agreement (MOA) between the Department of Energy, Office of LegacyManagement and the Department of interior, U.S. Fish and Wlidilfe Service signed and agreed to inAugust of 2015.

No fiscal obligations are created through the cxeoution of Part A. A fisoal obligation arises when theReqiiosKng Agenoy demonstrates a bona fide need, provides the necessary requiremwits and flindingInformation to the USFWS and both parties execute a flmding document using Part B of this lA or an

* alternate f\jndlng document.

A.2, Authority

The parties' autiiorhy to enter into this interageney agreement Is: .

[X}EcoiiomyActofl932{3l U.S.C. 1535)

pO Other (identity speclfie statutory authority or authorities) -National Wildlifis Reftige Administration Actof 1966, as amended (16 U.S.C. 668dd-668ee); Rocky Flats National WlldUfe Reflige Act of 2001 (PublioLaw 107-1 07)

A.3. Part A Identifier

DE-tM0000433

A.4, Scope

a. The office of Legacy Management, intlie Department of Energy isanthorlzed to obtain assistancefi'omthe U.S. Fish and Wildlife Service,

b. The USFWS in the Department of the Interior, Is authorized to provide assistanoo to the Department ofEnergy,

c. Tlie following types of services or products may beacqulted through this interageney transaotion pursuantto this lA.

USFWS will provide all pre-Title I and Title I planning and conceptual design services in order to design and co^rnd aMuJll-Purpose Building on or near tlie federal properly comprising the Rocky Flats National Wlldllfo Refbge. The USFWSwill prooure or provide display design and construction espeitlse, and will equally share In Ihc short term (5 years afterproject completion) opemllon and maintenance of tlie fhcllity In accordance with thoftinding and schedule describe in PortB of the Interageney Agreement (lA). The parties also agree to share equally In the long teim (6-75 years after projectcompletion) operation and moinletiance of the muUt-ptirposc fitcillW.

A,5.Period of Agreement

The terms atid conditions dcsciibed In Part A of thelA becomes effeotive when signed by authorized oQiolalsof botli iigeiicics and remains effective five years after award, unless amended In accordance wItU SecflanA.II or terminated In accordance with Section A.12,

A.6. Roies & Responsibilities of USFWS & Department of Energy

Tlie effective management and use of this lA and related actions is a shared responsibtlily oftheRequesUngAgency and (he USFWS,

lAA Part USPWS

DE-LM0000433

Page2

A,7, Billing & Paymout

The Departinont of Energy (DOE) will pay the USFWS for costs of each interagejioy transaction. Billingsmay include the amounts due under the Interagency transaclion identified In Part B of this lA. Tho DOBobligating document number should be Included on all documentatfon related to the agreement. The DOEobligating number will serve as the ooromoii agreement number (lA).

The Department of Energ/s prefeired method for leimbursitig the Servicing Agency is via theInlra-Governmental Payment and Collection (IPAC) System. When the rehnbursoment for products and/orservices Airnlshed under this agreement will be ciTected by means of IPAC^ the USFWS shall provide theE)epartment of Energy with die appropriate instwctions for transmitting the Agency UoatlonCode (ALC),Treasury Account Symbol (TAS), Business Event Type Code (BBTC), Business Partner Network (BPN)number, usually the Data Universal Numbering System (DUNS) number, Lino of Accounting (LOA), pointsof contact, and other information identified In Part B of this lA.

If IPAC Is not a satisfectojy billing method, a mutually agreeable alternative should be negotiated boforeacceptance of this agi'eement and documented In ait B vdiether IPAC or an alternative will be used.

Questions legarding payment should be directed to;

U.S. Departtncnt of EnergyPO Box 500

Germantown, MD 20875Attn: Anne Finken

Phono: 202.586.0553Email; [email protected]

Reimbursable billings are deliiiquent when tliey are 30 or more calendar days old (fi'om date of the billing).Wlien billings remain delinquent over 45 calendar days an'd the Department of Energy has not Indicated aproblem regarding services, the USFWS may chOOse not (o award any MOW oontract/ordersor inodificalions toexisting contracts or orders for the Requesting Agency (or the client within) and tciininaiion of existingservices will bo considered and negotiated with the Requesting Agency,

The Department of Energy shall be responsible for Interest owed under the Prompt Payment Act except thatthe USFWS shall bo responsible for interest owed to the contractor due to delays created by actions of theUSFWS.

A8. Small Business Credit

Any contract actions executed by the USFWS on behalf of the Department of Energy will allocate the socioeconomic credit to the Requesting Agency at the lowest PIPS 95-2 Ageiicy/Biiroau component as Identifiedby the Requesting Agency. If the code Js not provided, the" USFWS will allocate the credit to the highestRequesting Agency FJPS 95-2 Code,

A,9. Contract TcrminiiUoii, Disputes and Pretests

If a contiact or order awarded puj-suant to this lA is terminated or onjiccded or a dispute or protest arises fVomspecifications, solicitation, award, peiformancc or termination of a contract, appropiiate Action will be takenill accordauce with the terms of tho contract and applicable laws and regulations, Tlie Depaitment of Energyshall be responsible for all costs associated with termination, disputes, and protests, Including settlement

lAAPartA-USFWS

DB-LM0000433

Pages

costs. The USPWS shall consult with the Department of Energy before agreeing to a settlement or paymentsto ensure tiiat the USFWS has adequate time In which to raise or address any fiscal or budgctaiy concernsarising flom the proposed payment or settlement

A.IO. Review of Part A

• The parties agree to review Jointly the terms and conditions In Part A at least annually if flie period of (hisagreement, as Identified In Section A. 5, exceeds one year. Appropriate changes wHI be made by amendmentto this agreement executed In accordance with Section A. II. The parties flirther agree to reviewperformance under (his lA to determine if expccfafloiis are being met and document a summary of theirassessment. The responsible reviewing offiolai at each agency shall sign and date the assessment.

A.II. Amendments

Any amendments to the terms and conditions In Part A shall be made in writing and signed by both theU.S. Fish and Wildlife Service and the Department of Energy.

A.I2. lATermination

This lA may be terminated upon tlihty (30) calendar days written notice by eitherparty. If this agreement Iscancelled, any Implementing contract/order may also bo cancelled. If the IA Is terminated, the agencies sfiallspeoify the terms of the termination, including costs attributable to each party and (he disposition of awardedand peiiditig actions.

If tlio USFWS incurs costs due to (he Department of Energy failure to give the requisite notice of its intent toterminate the lA, the Department of Energy shall pay any actual costs incurred by the USFWS as a result ofthe delay in notification, provided such costs are directly attributable to (he fhihire to give notice.

If the Requesting Agenoy cancels the agreement, tlie USFWS may oolleot costs incurred prior to thecancellation of the agreement plus any teriiunatlon costs,

AsI3. Literpretation of lA

If the USFWS and Department of Energy ai*e unable to agree about a material aspect of either Part A or PartBofthelA, or any of its modifications, then theparlies agree to engage hi an effort Co reachmutual agreement in the proper Interpretation of this JA, Including amendments. Ifrcsolutlon Is still unclear,dien the parties should Interpret the Intent of the MOA before escalating the dispute within their respectiveorgnnizAtlons,

If a dispute related to fqndmg remains unresolved for more than thirty (30) calendar days after tlie partieshave engaged In an escalation of the dispute, the parties agree to refer the matter to their respective AgencyChief Financial Officers with a recommendation that the parties submit the dispute to the CPO CouncilIiifragovernmental Dispute Resctutioii Committee fcr review in accordance with Treasury Financial Manual(TFM) Volume I, Part 2, Chapter 4700, "Agency Reporting Requirements fiir the PInanoial Report of tlieUnited Slates Government;" Appendix 10- Inlragovernmental Business Rules, or subsequent guidance.

A,14. Properly

Title to all properly acquired vvilli flmds provided under this Interagenoy agreement shall be vested in the U.S. Flsliand Wildlife Service, National Wildlife Reflige Program and Is subject to the condition that the properly shall beused for authorized purposes of the project,

lAAPartA-USFWS

DE-LM0000433

A.I5. Signiitui'e.')

DEPARTMENT OF ENERGY OFFICIALr

Date: 'SjajaaE>Jame: Christine A. Hopper

Contracting OfTloer

Agency; Depailmeiit of Energy

Address; 1000 Independence AveJ)ue, SW Washington DC 20585

Phone: 202-287-J412

E-maiJ: [email protected]

US. FISH AND WILDLIFE SERVICE OFip^AL;

- In/is:Name; Will Meoks

Title; Assistant Regional Director^ U.S, Fish and Wildlife Servjoe

Agency; Department of the Interior

Address; Refuges; 134 Union Blvd; Lakewood> CO 80228

Phono; 303-236-4303

E-inail; Will mecks@fivs. oov

iiiterageucj' AgreementPART B - Requirements & Funding Information

B.1 PurposeThis Part of the lA (hereinafter 'Part B') serves as the ftinding dooument. It provides specific information on therequirements of the Department of Energy, hereinafter 'the Requesting Agency' sufficient to demonstrate a bonafide need and identifies funds associated with the requirement to allow the Department of the Interior, Fish andWildlife Service (USFWS) to provide acquisition assistance and conduct<an Interagency acquisition,

B.2 AuthorityThe parties' authority to enter into tiris interagency agreement is (check applicable box)i£X] The Economy Act of 1932(31 U.S.C. 1535)

[X] Other (identify specific statutoiy authority or audrorities)-National Wildlife Reftge Administration Act of196d, as amended (16 U.S.C. 668dd-668ee); Rocky Flats NaUonal Wildlife Rellige Ac t ofZOOl (Public Law 107-107)

B.3 Part B Identifier

This lA between the Department of Energy (DOE) and U. S. Fish and Wildlife Service (USFWS) establishesfiindiiig and responsibilities for the planning, design, oonstroction, and operation of an approximately 3,500 squarefeet Multipurpose Building on or neai* tlie Rocky Fiats National Wildlife Reftige,

B,4 General Terras & ConditionsAotlvilies undertaken pursuant to this dooument are subject to the general terms and conditions set forth in theMemorandum of Agreement signed August 2015 and Part A, PDB-LM0000433]. The MOA and Part A areattached.

B.S. Project TitleRocky Flats National Wlidiife Refiige Mnltipuipose Building Design,Construction, and Operation

B,6. Description of Products or Services / Bona Fide NeedDesign and construction of a Multipurpose Building at or Ott tlio Rocky Flats National Wildlife Refoge for thecombined benefit of the DOE and FWS missions at the site. The Multipurpose Building will be designed inaccordance with USFWS suite of facilities of approximately 3,500 square feet, consisting of-1,500 square feet oflobby and display area, with accessible exiilbits designed and fabricated specifically for the Rodcy Fiats NWRMultipuipose Building: -150 square feet of exhibit/display storage; -750 square feet of class/meeting room; - 240square feet for two, 120 square feet for each office for DOE and USFWS use, 860 square feet for restrooms, breakroom, copy room, meclmulcal room and hallways; utilities, parking and access to confonn with usage; exteriorsignage; display design/development and constiniction. DOE and USFWS expect that current FWS, DOB and DOBcontractor employees, as well as former DOE/contractor employees. Cold War Museum Boai'd volunteers, andUSFWS volunteers will work together to develop and operate the Multipurpose Building, design exhibits/displays,and ftmction as voiuuteer tour guides. DOB and USFWS will work togethw to develdp and implement theMultipurpose Building operation plan, including a 75 year budget baseline for operation and maintenance; use ofvolunteeis/ftlends of the Refuge and other potential partnering organizations; USFWS will be responsible fordesign and construction and have sole jurisdiction of the Multipurpose Building for the purpose of providingeducation, interpretation, and meeting facilities atfhe Refuge.

B,7 Projected Milcstoues

PHASE 1 - CONCEPTUAL DESIGNSeptember 2014 ■ Start DOE/USFWS pioject consultationsAugust20i 5 Complete lAA/estabiish fundingOctober 2015 - September 2016 DOE/FWS Multipurpose Building Site Planning & Conceptual Design

PHASE 2 - CONSTRUCTIONOctober 2015 Begin public consultationOctober 2016 Fina 1 DesignJune 2017 Start constructionDecember 2017 Complete Construction of Multipurpose BuildingMarch 2018 Complete Display Design and ConstructionMay 2018 Open Multipurpose Building

All dates for projected milestones are approximate.

Acquisition Planning for dcsign/coostroctionAcquisition of Tide IA/E Services TOInitial Site Visit/Coordination MeetingEvaluation of proposed sitesDevelop Project Definition Report (Project Goals and Objectives, Planning Qiteria, BuildingPeiformance Criteria, Site Requirements, Budget and Schedule Parameters, Codes / Regulations)Master Plan for site

Site Analysis and Land SurveyGeotechnicol DataWastewatcr Discharge Requirements.Electrical StudyCost Estimate(s)Schedule

Water source studyDetermine permit/easement requirements for utilities and begin'papei'workConceptual Design (to be used for acquisition of design or design/build contact)

B.8, Billing and Payment

DOB will pay USFWS invoices fi'om amounts identified In section 13 on a reimbursable basis. The USFWS willpresent an itemized statement to the Department of Energy for reimbursement of incurred contract costs andassisted services support costs. The Department of Energy will pay roinibui*sabIe billings to the USFWS fromftmds identified In section B12. See section 7 of Part A for additional terms and conditions addi'essing billing andpaymenfUS FWS policy (264 FW1 & 264 FW 2) on reimbursable agreements and cost recovery will apply.

B,9 Description of Acquisition AssistanceThe USFWS will provide the following services to the Department of Energy: Multipurpose Building design andconstruction; design and development/constnictlon of exiiibife/dlsplays; regularly scheduled project updates; any requiredNBPA actions; long-term O&M planning and budgeting.

B.IO Fees

Seivlces charges will be detenniDcd as follows:

NONE

B,ii Obligation Amount

Servicing Agency and Department of Energy shall complete the table below.Common Agreement Number - See A.3 D^LM0000433Requirement - See Section B.6Type of Requiicment (Product / Sevcmble Service / Non-severable service) - To be determined by USFWSFund citation (line of accounting) - See B. 12Appropriation exphation date - See B. 12

Amount obligated (conti'act costs plus assisting agency's service costs) — See B,12

Requesting Agency Funding Inforraatioii

Basic appropriation syjnbol (Treasury account symbol) - 89X0243Fund citation (line of accounting)- 0I050.2015»60,301981.25102,1715202.0000000.0000000.00000000Fiscal year fiind appropriated - 20 j 5Appropriation expiration date—noneOther funding liinitatlons -$475,000 thix)ugh 9/30/15, the remaining appi'oximately $7.84M from 10/1/15until project completion will be split at $3.92M in FY16 and $3.92M in FY17. FY17 funding includes 50%of out-year O&M fiinding for the first five years following opening and at beginning of each fiscal yearthereafter. Total design, construction and 50% out year O&M ftinding is $8.3 L5M.

of funds (e.g., one-yoar, no-ycar) no-yearAgency location code - 89000001Federal agency code - 8900Funding agency code - 8900Funding office code - 89Trading Partner Number 089DUNS/BPN number (Business Paitner Network or BPN #) 087689394

Department of Energy Funds Certifying Official

SlMiturc

%o /.5

Date

Printed Name - Nicole Pino

Title-Financial Management Specialist

B.13 Servicing Agency Funding Information

The USFWS shall complete the table below,

DUNS/BPN Number - DUNS - 151157950Location Code - 14-16-0006Basic Appropriation Symbol - 145/61611Trading Partner Number 014

Account Number: -

FRKS48710660390 22% indirect rateFRRS48710660400 6% indirect rate

B.14 Description ofRequesting-Ageiicy Unique RestrictionsThis section Identifies unique lestrictions applicable to the Department of Energy regarding acquisition or thefunding being provided.

My amenStrtTthe terms and conditions in Pai t B shall be made in writing and signed by both flieServicing Agency and the Requesting Agency.

B.16 Contact Information

USFWSPdmavy POC

Barbara Boyle134 Union Boulevard

Lakewood, CO 80228Barbara bovle^fws.gov

(303)236-4408

USKWS Contracting POC

Greg Moore

134 Union Boulevard

Lakewood, CO 80228gregjTiooro@f\vs.gov(303)236-4323

USFWS Financial POC

L,ori Robinson

134 Union Boulevard

Lakowood, CO [email protected](303)236-4456

DepartinoJt of Energy Program Office POCKai'enA, Reed11025 Dover Street,

Suite 1000

Wostmmster, CO 80021)caren,reBd@]rn.doe,gOY720-880-4348

By signing tliis document, the Deparhnent of Energy confirms that a bona fide need exists and that fends arc forthe designated purpose, meet time J Imitations, and are legaUy available for the acquisition described in thisdocument; that all unique funding and procurement requirements, including aU statutory and regulatoryrequirements applicable to die funding being provided, have been disclosed to Servlcmg Agency; and all internalreviews and approvals required prior to transferring fends to the Servicing Agency have been completed. TheUSFWS acceptance of this document creates an obligation on the part of the Department of Eneigy.

Department of Energy Official

ri ture

jVa/fcois'Datfe • /

C^tfistine A. HopperPrinted Name

Contracting Officer

Title

Depaitineiit of EnergyAgency

Signatuie

Dn

WillMcoks

Trlntcd Name

Assistant Regional t3ii cetor

Title

U.S. Pish and Wtldlife Service

Agency

♦ Note: if the transaction is subject to the Economy Act, a wwranted contracting officer or another officialdesignated by the agency head, must approve a Determination and Fitidlng.

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