ML18017A115

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NRC Contract No. 31310018C0002
ML18017A115
Person / Time
Issue date: 01/06/2018
From: Mccubbin S
Acquisition Management Division
To:
References
31310018C0002
Download: ML18017A115 (39)
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Text

AWARD/CONTRACT

2. CONTRACT (Proc. Inst. Ident.) NO.
3. EFFECTIVE DATE
5. ISSUED BY CODE
6. ADMINISTERED BY (If other than Item 5)

UNDER DPAS (15 CFR 350)

4. REQUISITION/PURCHASE REQUEST/PROJECT NO.
7. NAME AND ADDRESS OF CONTRACTOR (No., Street, City, Country, State and ZIP Code)
1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES 1
8. DELIVERY
9. DISCOUNT FOR PROMPT PAYMENT
10. SUBMIT NVOICES (4 copies unless otherwise specified)

TO THE ADDRESS SHOWN N ITEM CODE CODE CODE FAC LITY CODE

11. SHIP TO/MARK FOR
12. PAYMENT WILL BE MADE BY 41 U.S.C. 253 (c) (

10 U.S.C. 2304 (c) (

13. AUTHORITY FOR US NG OTHER THAN FULL AND OPEN COMPETITION:
14. ACCOUNTING AND APPROPRIATION DATA 39 31310018C0002 See Block 20C NRR-18-0017 NRCHQ US NRC - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP TWFN-8E06M WASHINGTON DC 20555-0001 MURPHY EMMETT ATTN EMMETT MURPHY 53 OAK SHADE RD GAITHERSBURG MD 20878 OTHER (See below)

FOB ORIGIN X

30 CODE NRCHQ NUCLEAR REGULATORY COMMISSION NUCLEAR REGULATORY COMMISSION WASHINGTON DC 20555-0001 NRCPAYMENTS US NUCLEAR REGULATORY COMMISSION TWO WHITE FLINT NORTH 11545 ROCKVILLE PIKE MAILSTOP T9-B07 NRCPAYMENTSNRCGOV ROCKVILLE MD 20852-2738 X

0 See Schedule

)

)

080843804 15A. ITEM NO 15F. AMOUNT 15E. UNIT PRICE 15D.

UNIT 15C.

QUANTITY 15B. SUPPLIES/SERVICES Continued 15G. TOTAL AMOUNT OF CONTRACT

$110,500.00

16. TABLE OF CONTENTS (X)

SEC.

DESCR PTION (X)

PAGE(S)

DESCR PTION SEC.

A B

C D

E F

G H

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES SOLICITATION/CONTRACT FORM SUPPLIES OR SERVICES AND PRICES/COSTS DESCR PTION/SPECS./WORK STATEMENT PACKAGING AND MARKING INSPECTION AND ACCEPTANCE DELIVER ES OR PERFORMANCE CONTRACT ADM NISTRATION DATA SPECIAL CONTRACT REQUIREMENTS M

L K

J I

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSES LIST OF ATTACHMENTS REPRESENTATIONS, CERTIFICATIONS AND NSTRS., CONDS., AND NOTICES TO OFFERORS EVALUATION FACTORS FOR AWARD OTHER STATEMENTS OF OFFERORS PART IV - REPRESENTATIONS AND NSTRUCTIONS X

X X

X X

X X

X X

X PAGE(S) 4 10 11 12 13 15 16 17 20 25 17.

CONTRACTOR' S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.)

No further contractual document is necessary.

documents: (a) the Government's solicitation and your offer, and (b) this award/contract.

sheets. This award consummates the contract which consists of the following in full above, is hereby accepted as to the items listed above and on any condition including the additions or changes made by you which additions or changes are set forth Solicitation Number AWARD (Contractor is not required to sign this document.) Your offer on 18.

20C. DATE SIGNED (Signature of the Contracting Officer) 20B. UNITED STATES OF AMERICA 20A. NAME OF CONTRACTING OFFICER 19B. NAME OF CONTRACTOR 19A. NAME AND TITLE OF SIGNER (Type or print)

BY (Signature of person authorized to sign) 19C. DATE SIGNED BY STANDARD FORM 26 (Rev. 4-85)

Prescribed by GSA FAR (48 CFR) 53.214(a)

NSN 7540-01-152-8069 PREVIOUS EDITION IS UNUSABLE X

1 31310018R0007 SHARLENE M. MCCUBBIN 01/06/2018 CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

ITEM NO.

SUPPL ES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT NAME OF OFFEROR OR CONTRACTOR 2

39 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BE NG CONTINUED PAGE OF MURPHY EMMETT 31310018C0002 (A)

(B)

(C)

(D)

(E)

(F)

Accounting Info:

2018-X0200-FEEBASED-20-20D004-1061-11-4-149-1100-1 1-4-149-1061 Period of Performance: 01/08/2018 to 01/07/2020 NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

Contract No.: 31310018C0002 Page 1 SECTION A - Solicitation/Contract Form...........................................................................2 A.1 52.213-2 INVOICES. (APR 1984)...........................................................................2 A.2 52.213-4 TERMS AND CONDITIONS - SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS). (NOV 2017).................................................................2 SECTION B - Supplies or Services/Prices....................................................................8 B.1 BRIEF PROJECT TITLE AND WORK DESCRIPTION...........................................8 B.2 CONSIDERATION AND OBLIGATION-TIME-AND-MATERIALS CONTRACT......8 B.3 Section B CLIN Structure and Price Schedule........................................................8 SECTION C - Description/Specifications...........................................................................9 SECTION D - Packaging and Marking............................................................................13 D.1 BRANDING...........................................................................................................13 D.2 PACKAGING AND MARKING..............................................................................13 SECTION E - Inspection and Acceptance.......................................................................14 E.1 52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)............................................................................................................................14 SECTION F - Deliveries or Performance.........................................................................16 F.1 PLACE OF DELIVERY-REPORTS......................................................................16 F.2 PERIOD OF PERFORMANCE (AUG 2011).........................................................16 SECTION G - Contract Administration Data....................................................................17 G.1 ELECTRONIC PAYMENT (DEC 2017)...............................................................17 G.2 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT - ALTERNATE I (OCT 1999)..................................................................................................................17 SECTION H - Special Contract Requirements................................................................18 H.1 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS...................18 H.2 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS.........................................................................18 H.3 GREEN PURCHASING (SEP 2015 )....................................................................18 H.4 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE..........................19 H.5 DENIAL OF FEDERAL BENEFITS TO INDIVIDUALS CONVICTED OF DRUG TRAFFICKING OR POSSESSION..............................................................................20 SECTION I - Contract Clauses........................................................................................21 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 21 I.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JUL 2013)...........................................................................21 I.3 52.243-3 CHANGES - TIME-AND-MATERIALS OR LABOR-HOURS. (SEP 2000)

.....................................................................................................................................23 SECTION J - List of Documents, Exhibits and Other Attachments.................................24 J.1 List of Documents, Exhibits, and Other Attachments.............................................24

Contract No.: 31310018C0002 Page 2 SECTION A - Solicitation/Contract Form A.1 52.213-2 INVOICES. (APR 1984)

A.2 52.213-4 TERMS AND CONDITIONS - SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS). (NOV 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(iii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(iv) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017)

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

Contract No.: 31310018C0002 Page 3 (viii) 52.244-6, Subcontracts for Commercial Items (NOV 2017)

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-282) (31 U.S.C.

6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter

65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015)

(22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance

Contract No.: 31310018C0002 Page 4 location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O.

13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O.

13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR Program or Federal Energy Management Program (FEMP) will be-(A) Delivered; (B) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (C) Furnished by the Contractor for use by the Government; or (D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

Contract No.: 31310018C0002 Page 5 (xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C.

chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-(A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (Applies to contracts over

$35,000).

Contract No.: 31310018C0002 Page 6 (iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph

Contract No.: 31310018C0002 Page 7 does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

Contract No.: 31310018C0002 Page 9 SECTION C - Description/Specifications STATEMENT OF WORK C.1 Project Title TECHNICAL ASSISTANCE FOR STEAM GENERATOR POLICY C.2

Background

The technical specification of each pressurized water reactor licensee requires a steam generator program to ensure that steam generator tube integrity is maintained. The current steam generator programs that are implemented by licensees are mostly performance-based programs, with a few prescriptive elements. These steam generator programs in place today have been developed over the past 20 years as part of concerted interactions between nuclear industry participants and the NRC. The broad scope of the interactions and the repeated refinement of the previous steam generator programs slowly morphed the formerly wholly prescriptive programs into the mostly performance-based programs that are in place today.

The inherent flexibility of these performance-based programs allows licensees to tailor their inspection programs to the performance demonstrated by their steam generators during operation. The unique operating history of each individual plant has led to a wide variety of steam generator performance, leading to a number of plant-specific license amendments being requested and approved by the NRC. Licensees often provide the results of laboratory research in support of these requested plant-specific license amendments. The laboratory research results have led to a number of NRC action plans and a research program at the Argonne National Lab, which includes a base-level program of safety research on steam generator tube inspection, degradation, and integrity.

Licensing action reviews and oversight of the research program for steam generators was performed by the Steam Generator Tube Integrity and Chemical Engineering Branch in the Division of Engineering, Office of Nuclear Reactor Regulation (NRR), with additional assistance and leadership from the Senior Level Advisor for Steam Generators and Materials Inspection. Until 2015, the research program for steam generators was monitored by a Senior Materials Engineer (with over 35 years of NRC experience in steam generators) and the Senior Level Advisor for Steam Generators and Materials Inspection (with over 25 years of NRC experience). However, the unavailability of such technical expertise in 2017 has negatively hampered the staffs ability to perform these functions.

C.3 Objective The purpose of this acquisition is to obtain technical assistance from an authority with expert technical knowledge of steam generators and experience in development of NRC policy and guidance for steam generators. Specific areas for technical assistance may include, but are not limited to the following: steam generator tube integrity; steam generator tubing structural and leakage performance criteria; steam generator

Contract No.: 31310018C0002 Page 10 performance during beyond design basis accidents; and industry steam generator testing and examination protocols. All work by the contractor needs to be fully documented in writing so the material can be preserved for knowledge transfer/knowledge management purposes for current and future NRC employees.

C.4 Scope of Work Task 1: Review of Steam Generator Laboratory Research The contractor shall provide a review and summary of key laboratory research results from the base-level program of safety research on steam generator tube inspection, degradation, and integrity at Argonne National Laboratory. This work includes:

a)

Summarizing the key takeaways from historical NUREG technical reports, which will be provided to the contractor, subsequent to contract award. The contractor shall focus on the regulatory applications for technical knowledge on nuclear steam generators. The contractor shall electronically provide to the COR a deliverable titled, NUREG Summary Report. This report shall include a summary on how the NRC can apply NUREGs regarding nuclear steam generators to licensee application reviews.

b)

Providing recommendations on priorities for remaining tasks in the TIP-5 program and recommendations for future work. The contractor shall electronically provide to the COR a deliverable titled, TIP-5 Analysis Report.

The report shall contain an analysis of research work completed at Argonne National Lab under the TIP-5 program to date, and a prioritization of remaining work to be completed.

c)

Synopsizing the key observations of relevant Electric Power Research Institute (EPRI) guideline(s). The contractor shall electronically provide to the COR a deliverable titled, EPRI Guideline XXXX Report. The report shall contain (1) an analysis of how the guideline(s) either comport (or differ) from the established NRC position on a particular issue, (2) other tasks as assigned by the COR.

Task 2: Peer Review of NRC Positions The contractor shall provide peer review of NRC guidance, policy, or evaluations of technical issues related to steam generators. The peer review shall provide expert analysis of the current or proposed NRC positions, and will include a historical perspective of the purpose and development of the NRC position, impacts of any proposed NRC position on licensees, technical merit of the NRC position, and suggestions for improvement (with a documented technical basis). This task may include participation in conference calls, public meetings, or travel to nuclear power plant sites. The COR will provide direction to identify specific issues that require peer review.

Upon completing the peer review of an NRC position, the contractor shall electronically submit to the COR a report titled, Peer Review of COR-Recommended Actions. The report shall contain the results of the peer review and supporting information. The COR will identify the need for the contractor to present the results to the NRC and answer any questions.

Contract No.: 31310018C0002 Page 11 The COR will provide the material (e.g., Argonne National Laboratorys research results or NRCs guidance to be reviewed) to the contractor when the material becomes available. At the discretion of the COR, it may be necessary for the contractor to travel with NRC staff to perform audits/inspections when performing either of the two tasks.

The contractor performance metrics (e.g., quality of the review) will be determined and communicated to the contractor by the COR with input from the cognizant NRR staff.

C.5 Monthly Letter Status Report (MLSR)

The contractor shall provide a Monthly Letter Status Report, which consists of a technical progress report and financial status report. This report will be used by the Government to assess the adequacy of the resources proposed by the contractor to accomplish the work contained in this SOW and provide status of contractor progress in achieving activities and producing deliverables. The report shall include order summary information, work completed during the specified period, milestone schedule information, problem resolution, travel plans, and staff hour summary. The report shall include a table summarizing the hours and expenditures for the period, and broken down by non-fee-billable and fee-billable cost accounting code (CAC) number.

C.6 Deliverables and Delivery Schedule Task # or Section #

Deliverable Due Date Format Submit to 1.a NUREG Summary Report 60 calendar days after receipt of COR request Microsoft Word or Microsoft PowerPoint 2013 2013 or later COR 1.b TIP-5 Analysis Report 60 calendar days after contract award Microsoft Word or Microsoft PowerPoint 2013 or later COR 1.c EPRI Guidelines 60 calendar days after receipt of COR request Microsoft Word or Microsoft PowerPoint 2013 or later COR 2

Peer Review of COR-recommended Actions 60 calendar days after receipt of COR request Microsoft Word or Microsoft PowerPoint 2013 or later COR C.5 MLSR 20th calendar day of the following month Microsoft Word 2013 or later COR

Contract No.: 31310018C0002 Page 13 SECTION D - Packaging and Marking D.1 BRANDING The Contractor is required to use the statement below in any publications, presentations, articles, products, or materials funded under this contract/order, to the extent practical, in order to provide NRC with recognition for its involvement in and contribution to the project. If the work performed is funded entirely with NRC funds, then the contractor must acknowledge that information in its documentation/presentation.

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Reactor Regulations (NRR), under Contract/order number 31310018C0002.

(End of Clause)

D.2 PACKAGING AND MARKING (a) The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination.

Containers and closures shall comply with the Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

(b) On the front of the package, the Contractor shall clearly identify the contract number under which the product is being provided.

(c) Additional packaging and/or marking requirements are as follows: All deliverables shall bear the contract number upon award of this contract.

(End of Clause)

Contract No.: 31310018C0002 Page 14 SECTION E - Inspection and Acceptance E.1 52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)

(a) Definitions. As used in this clause--

"Contractor's managerial personnel," means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of -

(1) All or substantially all of the Contractor's business; (2) All or substantially all of the Contractor's operation at any one plant or separate location where the contract is being performed; or (3) A separate and complete major industrial operation connected with the performance of this contract.

"Materials," includes data when the contract does not include the Warranty of Data clause.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance.

The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor-Hour Contracts clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be

Contract No.: 31310018C0002 Page 15 reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may -

(i) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (ii) Terminate this contract for default.

(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to -

(1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or (2) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(k) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(End of clause)

Contract No.: 31310018C0002 Page 16 SECTION F - Deliveries or Performance F.1 PLACE OF DELIVERY-REPORTS The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

a. Name:

(1 electronic copy)

b. Contracting Officers Representative (COR)
c. Address:

U.S. Nuclear Regulatory Commission One White Flint North Mailstop:

Rockville, MD 20852

d. Name:

(1 electronic copy)

e. Contracting Officer (CO)
f. Electronic copies to:

(End of Clause)

F.2 PERIOD OF PERFORMANCE (AUG 2011)

This contract shall commence on January 8, 2018 and will expire on January 7, 2020.

(End of Clause)

Contract No.: 31310018C0002 Page 17 SECTION G - Contract Administration Data G.1 ELECTRONIC PAYMENT (DEC 2017)

The Debt Collection Improvement Act of 1996 requires that all payments except IRS tax refunds be made by Electronic Funds Transfer. Payment shall be made in accordance with FAR 52.232-33, entitled Payment by Electronic Funds Transfer-System for Award Management.

To receive payment, the contractor shall prepare invoices in accordance with NRCs Billing Instructions. Claims shall be submitted through the Invoice Processing Platform (IPP) (https://www.ipp.gov/). Back up documentation shall be included as required by the NRCs Billing Instructions.

(End of Clause)

G.2 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT - ALTERNATE I (OCT 1999)

(a) Total expenditure for travel may not exceed $

without the prior approval of the contracting officer.

(b) All foreign travel must be approved in advance by the NRC on NRC Form 445, Request for Approval of Official Foreign Travel, and must be in compliance with FAR 52.247-63 Preference for U.S. Flag Air Carriers. The contractor shall submit NRC Form 445 to the NRC no later than 30 days prior to the commencement of travel.

(c) The contractor will be reimbursed only for travel costs incurred that are directly related to this contract and are allowable subject to the limitations prescribed in FAR 31.205-46.

(d) It is the responsibility of the contractor to notify the contracting officer in accordance with the FAR Limitations of Cost clause of this contract when, at any time, the contractor learns that travel expenses will cause the contractor to exceed the travel ceiling amount identified in paragraph (a) of this clause.

(e) Reasonable travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub. L. 100-679, must be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.

  • To be incorporated into any resultant contract (End of Clause)

Contract No.: 31310018C0002 Page 18 SECTION H - Special Contract Requirements H.1 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (a) All offerors will receive preaward and postaward notices in accordance with FAR 15.503.

(b) It is also brought to your attention that the contracting officer is the only individual who can legally obligate funds or commit the NRC to the expenditure of public funds in connection with this procurement. This means that unless provided in a contract document or specifically authorized by the contracting officer, NRC technical personnel may not issue contract modifications, give formal contractual commitments, or otherwise bind, commit, or obligate the NRC contractually. Informal unauthorized commitments, which do not obligate the NRC and do not entitle the contractor to payment, may include:

(1) Encouraging a potential contractor to incur costs prior to receiving a contract; (2) Requesting or requiring a contractor to make changes under a contract without formal contract modifications; (3) Encouraging a contractor to incur costs under a cost-reimbursable contract in excess of those costs contractually allowable; and (4) Committing the Government to a course of action with regard to a potential contract, contract change, claim, or dispute.

(End of Clause)

H.2 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be made by Electronic Funds Transfer. lt is the policy of the Nuclear Regulatory Commission to pay government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.

(End of Clause)

H.3 GREEN PURCHASING (SEP 2015 )

(a) In furtherance of the sustainable acquisition goals of Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade," products and services provided under this contract/order shall be energy efficient (EnergyStar or Federal Energy Management Program - FEMP-designated products), water efficient, biobased, environmentally preferable (excluding EPEAT-registered products), non-ozone depleting, contain recycled content, or are non-or low toxic alternatives or hazardous constituents (e.g., non-VOC paint), where such products and services meet agency performance requirements. See: Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade."

(b) The NRC and contractor may negotiate during the contract term to permit the substitution or addition of designated recycled content products (i.e., Comprehensive

Contract No.: 31310018C0002 Page 19 Procurement Guidelines - CPG), EPEAT-registered products, EnergyStar-and FEMP designated energy efficient products and appliances, USDA designated biobased products (Biopreferred program), environmentally preferable products, WaterSense and other water efficient products, products containing non-or lower-ozone depleting substances (i.e., SNAP), and products containing non-or low-toxic or hazardous constituents (e.g., non-VOC paint), when such products and services are readily available at a competitive cost and satisfy the NRCs performance needs.

(c) The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contract/order.

(End of Clause)

H.4 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE In accordance with Appendix III, "Security of Federal Automated Information Resources," to Office of Management and Budget (OMB) Circular A-130, "Management of Federal Information Resources," NRC has established rules of behavior for individual users who access all IT computing resources maintained and operated by the NRC or on behalf of the NRC. In response to the direction from OMB, NRC has issued the "Agency-wide Rules of Behavior for Authorized Computer Use" policy, hereafter referred to as the rules of behavior. The rules of behavior for authorized computer use will be provided to NRC computer users, including contractor personnel, as part of the annual computer security awareness course.

The rules of behavior apply to all NRC employees, contractors, vendors, and agents (users) who have access to any system operated by the NRC or by a contractor or outside entity on behalf of the NRC. This policy does not apply to licensees. The next revision of Management Directive 12.5, "NRC Automated Information Security Program,"

will include this policy. The rules of behavior can be viewed at http://www.internal.nrc.gov/CSO/documents/ROB.pdf or use NRCs external Web-based ADAMS at http://wba.nrc.gov:8080/ves/ (Under Advanced Search, type ML082190730 in the Query box).

The rules of behavior are effective immediately upon acknowledgement of them by the person who is informed of the requirements contained in those rules of behavior. All current contractor users are required to review and acknowledge the rules of behavior as part of the annual computer security awareness course completion. All new NRC contractor personnel will be required to acknowledge the rules of behavior within one week of commencing work under this contract and then acknowledge as current users thereafter. The acknowledgement statement can be viewed at http://www.internal.nrc.gov/CSO/documents/ROB_Ack.pdf or use NRCs external Web-based ADAMS at http://wba.nrc.gov:8080/ves/ (Under Advanced Search, type ML082190730 in the Query box).

The NRC Computer Security Office will review and update the rules of behavior annually beginning in FY 2011 by December 31st of each year. Contractors shall ensure that their personnel to which this requirement applies acknowledge the rules of behavior before beginning contract performance and, if the period of performance for the contract lasts more than one year, annually thereafter. Training on the meaning and purpose of the

Contract No.: 31310018C0002 Page 20 rules of behavior can be provided for contractors upon written request to the NRC Contracting Officers Representative (COR).

The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contract/order if such subcontracts/agreements will authorize access to NRC electronic and information technology (EIT) as that term is defined in FAR 2.101.

(End of Clause)

H.5 DENIAL OF FEDERAL BENEFITS TO INDIVIDUALS CONVICTED OF DRUG TRAFFICKING OR POSSESSION In the event that an award is made to an individual, Section 5301 of the Anti-Drug Abuse Act of 1988 (P.L. 100-690), codified at 21 U.S.C. 862, authorizes denial of Federal benefits such as grants, contracts, purchase orders, financial aid, and business and professional licenses to individuals convicted of drug trafficking or possession.

(End of Clause)

Contract No.: 31310018C0002 Page 21 SECTION I - Contract Clauses I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract.

See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2016) 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015) 52.211-5 MATERIAL REQUIREMENTS. (AUG 2000) 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING. (AUG 2011)

I.2 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION.

(JUL 2013)

(a) Definitions. As used in this clause-Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged.

In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the

Contract No.: 31310018C0002 Page 22 novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [insert NAICS Code] assigned to contract number [insert contract number]. (Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

Contract No.: 31310018C0002 Page 23 I.3 52.243-3 CHANGES - TIME-AND-MATERIALS OR LABOR-HOURS. (SEP 2000)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Description of services to be performed.

(2) Time of performance (i.e., hours of the day, days of the week, etc.).

(3) Place of performance of the services.

(4) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.

(5) Method of shipment or packing of supplies.

(6) Place of delivery.

(7) Amount of Government-furnished property.

(b) If any change causes an increase or decrease in any hourly rate, the ceiling price, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects any other terms and conditions of this contract, the Contracting Officer will make an equitable adjustment in any one or more of the following and will modify the contract accordingly:

(1) Ceiling price.

(2) Hourly rates.

(3) Delivery schedule.

(4) Other affected terms.

(c) The Contractor shall assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) Failure to agree to any adjustment will be a dispute under the Disputes clause. However, nothing in this clause excuses the Contractor from proceeding with the contract as changed.

(End of clause)

Contract No.: 31310018C0002 Page 24 SECTION J - List of Documents, Exhibits and Other Attachments J.1 List of Documents, Exhibits, and Other Attachments Attachment Number Title Date 1

Billing Instructions Time and Material Labor-Hour Type Contracts Jan 2015

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