ML18078A552

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NRC-2018-000307 - Resp 1 - Final
ML18078A552
Person / Time
Issue date: 03/16/2018
From: Stephanie Blaney
Information Services Branch
To: Reitano M
- No Known Affiliation
References
NRC-2018-000307
Download: ML18078A552 (95)
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{{#Wiki_filter:NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION FOIA RESPONSE NUMBER (03-2017) ~~~Pl llfCt,'-f>o I NRC 2018-00030711 1 I fl RESPONSE TO FREEDOM OF ~ 'I, ~ INFORMATION ACT {FOIA) REQUEST \\ I RESPONSE D INTERIM ~ FINAL ,._o TYPE REQUESTER: DATE: !Michael Reitano 11 03/16/2018 I DESCRIPTION OF REQUESTED RECORDS: Copy of contracts/proposals associated NRCH Q8416COOO 1 PART I. -- INFORMATION RELEASED You have the right to seek assistance from the NRC's FOIA Public Liaison. Contact information for the NRC's FOIA Public Liaison is available at bttps:L/www,mc gm1Lreadiog-rmLfoiaLcootact-foia btml D Agency records subject to the request are already available on the Public NRC Website, in Public ADAMS or on microfiche in the NRC Public Document Room. 0 Agency records subject to the request are enclosed. D Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to that agency (see comments section) for a disclosure determination and direct response to you. D We are continuing to process your request. 0 See Comments. PART I.A -- FEES NO FEES AMOUNT" .o You will be billed by NRC for the amount listed. II 0 Minimum fee threshold not rriet. $0.00 D You will receive a refund for the amount listed. D Due to our delayed response, you will

  • see Comments for details D Fees waived.

not be charged fees. PART 1.8 -- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D We did not locate any agency records responsive to your request. Note: Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). 5 U.S.C. 552(c). This is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist. 0 We have withheld certain information pursuant to the FOIA exemptions described, and for the reasons stated, in Part II. D Because this is an interim response to your request, you may not appeal at this time. We will notify you of your right to appeal any of the responses we have issued in response to your request when we issue our final determination. You may appeal this final determination within 90 calendar days of the date of this response by sending a letter or e-mail to the 0 FOIA Officer, at U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, or FOIA.Resource@mc.gov. Please be sure to include on your letter or email that it is a "FOIA Appeal." You have the right to seek dispute resolution services from the NRC's Public Liaison, or the Office of Government Information Services (OGIS). Contact information for OGIS is available at https://ogis.archives.gov/about-ogis/contact-information.htm PART I.C COMMENTS ( Use attached Comments continuation page if required) Please note: The requested records are being provided to you in part. Signature - Freedom of Information Act Officer or Designee !Stephanie A. Blaney Digitally signed by Stephanie A. Blaney I

  • oate: 2018.03.16 13:10:53 -04'00' NRG Form 464 Part I (03-2017)

If Add Continuation Page J Delete Continuation Page Page 2 of 2

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION FOIA/PA (08-2013)

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\\... NRC 2018 000307 5 s ~ II: 0 t+, .i

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RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) / PRIVACY ACT (PA) REQUEST PART II.A -- APPLICABLE EXEMPTIONS DATE IX GROUP I Records subject to the request that are contained in the specified group are being withheld in their entirety or in part under the Exemption No.(s) of the PA and/or the FOIA as indicated below (5 U.S.C. 552a and/or 5 U.S.C. 552(b)). L__ ____ _J D D Exemption 1: The withheld information is properly classified pursuant to Executive Order 12958. Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRG. D DExemption 3: The withheld information is specifically exempted from public disclosure by statute indicated. Sections 141-145 of the Atomic Energy Act, which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 2161-2165). D D Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167). 41 U.S.C., Section 4702(b), prohibits the disclosure of contractor proposals in the possession and control of an executive agency to any person under section 552 of Title 5, U.S.C. (the FOIA), except when incorporated into the contract between the agency and the submitter of the proposal. [ZJ Exemption 4: The withheld information is a trade secret or commercial or financial information that is being withheld for the reason(s) indicated. D D D 0 D D D The information is considered to be confidential business (proprietary) information. The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1). The information was submitted by a foreign source and received in confidence pursuant to 10 CFR 2.390(d)(2). Disclosure will harm an identifiable private or governmental interest. Exemption 5: The withheld information consists of interagency or intraagency records that are not available through discovery during litigation. D D D Applicable privileges: Deliberative process: Disclosure of predecisional information would tend to inhibit the open and frank exchange of ideas essential to the deliberative process. Where records are withheld in their entirety, the facts are inextricably intertwined with the predecisional information. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect inquiry into the predecisional process of the agency. Attorney work-product privilege. (Documents prepared by an attorney in contemplation of litigation) Attorney-client privilege. (Confidential communications between an attorney and his/her client) Exemption 6: The withheld information is exempted from public disclosure because its disclosure would result in a clearly unwarranted invasion of personal privacy. Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated. D D D D D (A) Disclosure could reasonably be expected to interfere with an enforcement proceeding (e.g., it would reveal the scope, direction, and focus of enforcement efforts, and thus could possibly allow recipients to take action to shield potential wrong doing or a violation of NRG requirements from investigators). (C) Disclosure could constitute an unwarranted invasion of personal privacy. (D) The information consists of names of individuals and other information the disclosure of which could reasonably be expected to reveal identities of confidential sources. (E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be expected to risk circumvention of the law. (F) Disclosure could reasonably be expected to endanger the life or physical safety of an individual. OTHER (Specify) !non responsive, blank PART 11.B -- DENYING OFFICIALS Pursuant to 1 O CFR 9.25(g), 9.25(h), and/or 9.65(b) of the U.S. Nuclear Regulatory Commission regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The person responsible for the denial are those officials identified below as denying officials and the FOIA/PA Officer for any denials that may be appealed to the Executive Director for Operations (EDO). TITLE/OFFICE APPELLATE OFFICIAL DENYING OFFICIAL RECORDS DENIED EDO SECY IG Stephanie Blaney FOIA/P A Officer X 0DD DOD DOD Appeal must be made in writing within 30 days of receipt of this response. Appeals should be mailed to the FOIA/Privacy Act Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, for action by the appropriate appellate.official(s). You should clearly state on the envelope and letter that it is a "FOIA/PA Appeal." NRC FORM 464 Part II (08-2013)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS I,. REQUISITION NUMBER IPAG~ OF OFFEROR TO COMPLETE BLOCKS 12, 11, 23, 24, & 30 OCHC0-16-0001 I 93

2. CONTRACT NO.
13. AWARD/ r ORDER NUMBER r

SOLICITATION NUMBER r* SOLICITATION NRC-HQ-84-16-C-0001 EFFECTIVE DATE ISSUE DATE 03/01/2016

7.

FOR SOLICITATION ~ r.NAME lb. TELEPHONE NUMBER (No collect calls) r OFFER DUE DATE/LOCAL TIME INFORMATION CALL: ERIKA EAM 301-415-8180

9. ISSUEDBY CODE jNRCHQ
10. THIS ACQUISITION IS D

UNRESTRICTED OR 0g SET ASIDE: %FOR: US NRC - HQ IRJ SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS 0 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED ACQUISITION MANAGEMENT DIVISION 0 HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:713940 MAIL STOP TWFN-5E03 BUSINESS 0EDWOSB WASHINGTON DC 20555-0001 0 SERVICE-DISABLED 0 8(A) SIZE STANDARD: $7.5 VETERAN-OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINA-

~2. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS 0 13a. THIS COf'ITRACT ISA MARKED RATED ORDER UNDER DPAS (16 CFR 700)

14. METHOD OF SOLICITATION 0 SEE SCHEDULE ORFQ 01FB 0RFP
15. DELIVER TO CODE INRCHQ
16. ADMINISTERED BY CODE INRCHQ US NUCLEAR REGULATORY COMMISSION-US NRC -

HQ MAIL PROCESSING CENTER ACQUISITION MANAGEMENT DIVISION 4930 BOILING BROOK PARKWAY MAIL STOP TWFN-5E03 ROCKVILLE MD 20852 WASHINGTON DC 20555-0001 17a. CONTRACTOR/ CODE 969827187 I FACILITY! 18a. PAYMEf'IT WILL BE MADE BY CODE jNRCPAYMENTS OFFEROR CODE AQUILA LTD HEALTH FITNESS SOLUTIONS US NUCLEAR REGULATORY COMMISSION 1221 BRICKELL AVE STE 1060 ONE WHITE FLINT NORTH MIAMI FL 331313258 11555 ROCKVILLE PIKE MAILSTOP 03-El?A NRCPAYMENTSNRCGOV ROCKVILLE MD 20852-2738 TELEPHONE NO. 800-806-8482 017b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED OsEE ADDENDUM

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ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUf'IT The purpose of this contract is for the contractor to provide the NRC Employee Fitness Services Program. Period of Performance: 03/01/2016 to 02/28/2017 (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 126. TOTAL AWARD AMOUNT (For Govt. Use Only) 2016-X0200-FEEBASED-84-84D002-51-H-200-ll4l-253A

$1,870,386.00 027a. SOLICITATION INCORPORATES BY REFERENCE FAR52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 AREATIACHED. ADDENDA 0 ARE O ARE NOT AlTACHEO. lxJ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS AlTACHEO. . ADDENDA [ZJ ARE OARE NOT AlTACHEO. 18] 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT ANO RETURN 1 __ 0 29. AWARD OF CONTRACT: REF. OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ANO DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE ANO ON ANY ADDmONAL SHEETS SUBJECT TO THE TERMS ANO CONDITIONS SPECIFIED. Joa. SIGNATURE OF OFFERORICONTRACTOR 30b. NAME AND TITLE OF SIGNER (Type or print) AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE 130c. DATE SIGNED DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 31b. NAME OF CONTRACTING OFFICER (Type or print) 131c. DATE SIGNED ERIKA EAM STANDARD FORM 1449 (REV. 2/2012) Prescribed by GSA* FAR (48 CFR) 53.212

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ITEMNO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 32a. QUANTITY IN COLUMN 21 HAS BEEN D RECEIVED D INSPECTED 0 ACCEPTED AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED* 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 132c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32!. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER
34. VOUCHER NUMBER
35. AMOUNT VERIFIED
36. PAYMENT
37. CHECK NUMBER CORRECT FOR D PARTIAL D FINAL D COMPLETE D PARTIAL D FINAL
38. S/R ACCOUNT NUMBER
39. SIR VOUCHER NUMBER
40. PAID BY 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location) 42c. DATE REC'D (YYIMMIDD) 142d. TOTAL CONTAINERS STANDARD FORM 1449 (REV. 2/20121 BACK

NRC-HQ-84-16-C-0001 SECTION *B - Supplies or Services/Prices................................................................................4 SECTION C - PERFORMANCE WORK STATEMENT............................,.............. *.........,.;..... ;.. 8 SECTION D. - Packaging and Marking..................................................................................... 23 SECTION E - Inspection and Acceptance ;.........................,...............................,.;.................. 24 SECTION F - Deliveries or Performance.,............................................................................... 25 SECTION G - Contract Administration Data....................... :................................................... 26 SECTION H - Special Contract Requirements........................................................................ 27'

  • sECTION 1
  • Contract Clauses.................................................................................................... 50 SECTION J - List of Documents, Exhibits and Other Attachments*:..... ;.......................... :... i65 3 of93

NRC-HQ-84-16-C-0001 SECTION B - Supplies or Services/Prices 8.1 NRCB010 BRIEF PROJECT TITLE AND WORK DESCRIPTION (a) The title of this project is: "Nuclear Regulatory Commission Employee Fitness Services Program" 8.2 COST/PRICE SCHEDULE Base Year: 03/01/2016-02/28/2017 Clin Description Estimated Unit Unit Total Price Quantitv PricAIR:1h~ 0001 Director (b)(4) HRS (b)(4) (b)(4) 0002 Associate Director HRS 0003 Fitness Specialist HRS 0004 Fitness Specialist HRS 0005 Part Time Fitness Specialist HRS 0006 Additional Instructors for Specialty Weeks Classes 0007 Repair, Maintenance and (b)(4) NTE (b)(4) replacement of equipment for Headquarters Fitness Center (Cost Reimbursable) Clin Description Estimated Unit Unit/Price Total Price Quantitv REGIONS - Fitness Costs (Cost Reimbursable) 0008 Region 1-King of Prussia - (b)(4) LOT (b)(4) Fitness Membership Costs 0009 Region 2 - Atlanta, GA - Fitness LOT Membershio Costs 0010 Region 3 - Lisle, IL-Fitness LOT Membership Costs 0011 Region 4 - Arlington, TX - Fitness LOT Membership Costs 0012 NRC TIC-Chattanooga, TN - LOT Fitness Membership Costs 0013 Monthly Administrative Costs for months processing Regional Fitness Reimbursement Forms Total Base Year: $ 369,700.00 4 of93

NRC-HQ-84-16-C-0001 o r v 1 0310112011 0212812018 1p1ron ear Clin Description Estimated Unit Unit Total Price n11~ntitv Price/Rate 0001 Director (b)(4) HRS (b)(4) 0002 Associate Director HRS 0003 Fitness Specialist HRS 0004 Fitness Specialist HRS 0005 Part Time Fitness Specialist HRS 0006 Additional Instructors for Specialty Weeks Classes 0007 Repair, Maintenance and 1 LOT (b)(4) replacement of equipment for Headquarters Fitness Center (Cost Reimbursable) Clin Description Estimated Unit Unit/Price Total Price Quantity REGIONS - Fitness Costs (Cost Reimbursable l 0008 Region 1-King of Prussia - Fitness (b)(4) LOT (b)(4) Membership Costs 0009 Region 2 - Atlanta, GA - Fitness LOT Membership Costs 0010 Region 3 - Lisle, IL-Fitness LOT Membership Costs 0011 Region 4 - Arlington, TX - Fitness LOT Membership Costs 0012 NRC TIC - Chattanooga, TN - LOT Fitness Membership Costs 0013 Monthly Administrative Costs for months processing Regional Fitness Reimbursement Forms Total Option Year 1: $369,700.00 0 1ption y I I I I ear 2: 03 01 2018 - 02 28 2019 Clin Description Estimated Unit Unit Total Price Quantity Price/Rate 0001 Director (b)(4) HRS (b)(4) 0002 Associate Director HRS 0003 Fitness Specialist HRS 0004 Fitness Specialist HRS I 0005 Part Time Fitness Specialist HRS 0006 Additional Instructors for Specialty Weeks Classes 0007 Repair, Maintenance and 1 NTE (b)(4) replacement of equipment for Headquarters Fitness Center (Cost Reimbursable) Clin Description Estimated Unit Unit/Price Total Price Quantity REGIONS - Fitness Costs (Cost Reimbursable) 5 of93

N RC-HQ-84-16-C-OOO 1 0008 Region 1-King of Prussia - Fitness (b)(4) LOT (b)(4) Membership Costs 0009 Region 2 - Atlanta, GA - Fitness LOT Membership Costs 0010 Region 3 - Lisle, IL-Fitness LOT Membership Costs 0011 Region 4 - Arlington, TX - Fitness LOT Membership Costs 0012 NRC TTC-Chattanooga, TN - LOT Fitness Membership Costs 0013 Monthly Administrative Costs for months processing Regional Fitness Reimbursement Forms Total Option Year 2: $369,700.00 0 f Y 3 03/01/2019 02/29/2020 ,pion ear Clin Description Estimated Unit Unit Total Price Quantitv Price/Rate 0001 Director (b)(4) HRS (b)(4) 0002 Associate Director HRS 0003 Fitness Specialist HRS 0004 Fitness Specialist HRS 0005 Part Time Fitness Specialist HRS 0006 Additional Instructors for Weeks Specialty Classes 0007 Repair, Maintenance and 1 NTE replacement of equipment for Headquarters Fitness Center (Cost Reimbursable} Clin Description Estimated Unit Unit/Price Total Price Quantity REGIONS - Fitness Costs {Cost Reimbursable) 0008 Region 1-King of Prussia - (b)(4) LOT (b)(4) Fitness Membership Costs 0009 Region 2 - Atlanta, GA - Fitness LOT Membership Costs 0010 Region 3-Lisle, IL-Fitness LOT Membership Costs 0011 Region 4 - Arlington, TX - Fitness LOT Membership Costs 0012 NRG TTC - Chattanooga, TN - LOT Fitness Membership Costs 0013 Monthly Administrative Costs for months processing Regional Fitness Reimbursement Forms Total Option Year 3: $372,827.50 6 of 93

NRC-HQ-84-16-C-0001 o r Y 4 0310112020 0212a12021 1p11on ear Clin 0001 0002 0003 0004 0005 0006 0007 Clin 0008 0009 0010 0011 0012 0013 0014 Description Estimated Unit Unit Total Price Quantity Price/Rate Director (b)(4) HRS (b)(4) Associate Director HRS Fitness Specialist HRS Fitness Specialist HRS Part Time Fitness Specialist HRS Additional Instructors for Specialty Weeks Classes Repair, Maintenance and 1 NTE replacement of equipment for Headquarters Fitness Center (Cost Reimbursable) Description Estimated Unit Unit/Price Total Price Quantitv REGIONS - Fitness Costs (Cost Reimbursable) Region 1-King of Prussia - (b)(4) LOT (b)(4) Fitness Membership Costs Region 2 - Atlanta, GA-Fitness LOT Membership Costs Region 3 - Lisle, IL-Fitness LOT Membership Costs Region 4 - Arlington, TX - Fitness LOT Membership Costs NRC TIC - Chattanooga, TN - LOT Fitness Membership Costs Monthly Administrative Costs for months processing Regional Fitness Reimbursement Forms Travel Costs (Base and all Option - NTE l(b)(4) I Years)- The government will pay up to the rates specified in the Government Federal Travel Regulations (FTR) for travel destinations. Hotel reservations will be made by the contractor and will be reimbursed for actual costs only, with back up documentation/receipts attached to the invoice Total Option Year 4: $ 388,458.50 Total Base and All Option Years: $1,870,386.00 I Note: It is suggested the four fulltime positions above should be salary positions even though in the price schedule they are broken down by hourly rates. 7 of93

N RC-HQ-84-16-C-OOO 1 SECTION C - PERFORMANCE WORK STATEMENT C.1 Title of Project NuclearRegulatory Commission Employee Fitness Services Program. C.2 Introduction The purpose of this contract is to provide agency-wide fitness services. The contractor shall provide support for the Fitness Center presently located at the White Flint complex at the Nuclear Regulatory Commission (NRC) Headquarters (HQ) and shall provide fitness services for regional and remote NRC employees through administration of receiving and processing employee request for reimbursement forms for commercial facilities. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide Fitness Services to all NRC employees as defined in this Performance Work Statement, except for those items specified as Government-furnished property and services. The contractor shall perform to the standards in this contract. C.3

Background

This document outlines a comprehensive, integrated employee fitness program for employees of the NRC. The NRC, through its Office pf the Chief Human Capital Officer (OCH CO) currently offers an employee fitness program to approximately 3,846 employees located at various worksites across the United States. The Fitness Program is an integral part of the employee health program which also*includes the operation of the HQ on-site Health Center; the operation of the agency-wide Employee Wellness Program; the operation of the agency-wide Occupational Safety and Health Program; the operation of the Agency-wide Ergonomics Program; and the operation of the Automated External Defibrillator Program C.4 Objective Under 5 U.S.C. §7901, Federal agencies may establish and operate physical fitness programs and facilities designed to promote and maintain employee health. Fitness programs should be designed to improve or maintain an employee's cardiovascular endurance, muscular strength and endurance, flexibility, and body composition. The NRC has established a physical fitness program as an integral part of its employee health program. The objective of this contract is to provide a comprehensive, turnkey stand-alone employee fitness program for the NRC's approximately 3,846 employees that are located in the following areas: 2,794 employees at the NRC (HQ) facility in Rockville, Maryland; 816 employees at the four regional offices (King of Prussia, PA (199), Atlanta, GA (244); Lisle, IL (195); and Arlington, TX (178); and 37 employees at the Technical Training Center (TTC) in Chattanooga, TN. In addition, there are approximately 199 employees at various nuclear plant sites around the country. The objective of the fitness program is to provide NRC employees a fitness strategy to enhance job performance and decrease absenteeism, as well as to prepare employees to best meet the physical requirements of specified positions. 8 of 93

NRC-HQ-84-16-C-0001 C.5 Scope of Work The contractor shall administer and manage the fitness program, which includes managing the Headquarters Area Fitness Center facilities and staff; reviewing and processing req!,lest for fitness services subsidy reimbursementforms for regional and remote employees; responding to issues, complying with applicable regulations, rules and policies; and providing efficient and effective liaison with the NRC Fitness Program Manager/Contracting Officer's Representative and Contracting Officer. C.6 List Services 6.1 TASK 1 - OPERATION OF HEADQUARTERS AREA-FITNESS CENTER The contractor shall operate and manage the NRG HQ Fitness Center (the Fitness Center) in conformance with the standards outlined in this PWS. The Fitness Center is an integral part of the agency's complete health promotion and disease prevention strategy. The contractor shall

  • provide a fitness program to participants with guidance and assistance that shall include monitoring and observing the participants during their exercise routines. The contractor shall ensure that there is sufficient on-site staff available to provide all the required services during the official hours of operation. The contractor's on-site staff shall be located in the Two White Flint North (TWFN) Building, 11545 Rockville Pike, Rockville, Maryland 20852 (White Flint).

During all operations on Government premises the contractor shall comply with the rules and regulations governing conduct of the personnel and operations of the facility. All on-site managers and staff selected to work in the Fitness Center shall possess the required professional certifications and shall be certified in basic first aid and CPR. (1) Description of Facility: The Fitness Center contains a total of 7,521 square feet of space, which includes the following: Main Fitness Area (SF) Reception Area/Waiting/Corridor 786 Closets 19 Testing Room 83 Manaqers Office 126 Weiqht Room 1,008 Strength/Stretching Area 503 Cardiovascular Area 1,594

  • Men's Locker Room 728 Women's Locker Room 750 Mechanical Room 275 Subtotal 5,872 Group Exercise Area (SF)

Group-EX 1,479 AV Closet 21 Storage Area 85 TestinQ Room 64 Subtotal 1,649 The main fitness area is adjacent to the group exercise area. Members are required to exit the main fitness area and enter through another key card door to access the group exercise area. 9 of93

NRC-HQ-84-16-C-0001 Only the Fitness Center staff and NRC security personnel (to respond to emergencies) shall have access to open the group exercise area door. Fitness Center staff shall only provide access to the group exercise area once they have confirmed the employee is a Fitness Center member through the Member Check-in verification scanner, which is done at the Reception Area of the main fitness area. When a Fitness Center staff member is not physically present to monitor the group exercise area (e.g., teaching a group exercise class), they shall monitor the Fitness Center member(s) using the group exercise area via video monitoring. There is a video monitoring system screen at the main fitness area reception desk that shows the group exercise room. Each locker room contains showers, toilet facilities, wash basins, lockers, benches, mirrors, hair dryers, and electrical outlets. Both locker rooms are accessible from the main fitness area. (2) Hours of Operation: The contractor shall provide on-site staff during the official hours of operation, 5:45 a.m. to 8:00 p.m., Monday through Friday, except Federal holidays or when Government offices are closed by the Office of Personnel Management because of inclement weather, potentially hazardous conditions, or other special circumstances. When NRC grants Government employees administrative leave during a workday, except in potentially hazardous conditions, the contractor shall continue to provide all services required under the contract unless directed otherwise by the COR. The contractor shall provide adequate qualified backup personnel so that the continuity of service shall not be disrupted anytime during the official hours of operation. Failure to maintain all the necessary positions that meet the key personnel qualifications during all hours of operation will result in a corresponding invoice reduction reflecting the appropriate hourly rate reduction and failure to identify a replacement candidate and make an offer to that individual and submit them to start NRC's badging process to permanently fill one of the key personnel positions within a month after a position becomes vacant will result in an overall 2% monthly deduction. (3) Staffing Requirements: The Director or Associate Director and one fitness specialist shall be present in the Fitness Center, during all hours of operation. The duty hours for the Director and the Associate Director shall be one with the duty hours of 5:45 a.m. to 2:15 p.m. (with a half hour lunch break) and the other with duty hours of 11 :30 a.m. to 8:00 p.m. (with a half hour lunch break). The two Fitness Specialist will each also work one of the following shifts: 5:45 a.m. to 2:15 p.m. or 11 :30 a.m. to 8:00 p.m. (with a half hour lunch break). A Fitness specialist may be substituted during the absence of the Director or Associate Director with prior approval from the COR (i.e. in the case of leave or vacation). A part time fitness specialist shall be appropriately scheduled to ensure proper monitoring of the separate group exercise area when group exercise classes are not in session. Front desk coverage is required to adequately monitor access to the Fitness Center and to ensure that members are properly checked in. The contractor must propose and provide qualified (at least meet the minimum qualification of the key personnel position that they are filling in for) back-up staff that can fill in for the permanent key personnel staff when they are on leave (i.e. sick or annual leave). This qualified fill in staff must also go through NRC badging process and be pre-approved for an NRC Building Access or IT II badge in order for them to have access to NRC's facilities during the times that they fill in. Failure to maintain all the necessary positions that meet the key personnel qualifications during all hours of operation will result in a corresponding invoice reduction reflecting the appropriate hourly rate reduction and failure to identify a replacement candidate and make an offer to that individual and submit them to start NRC's badging process to permanently fill one of the key 10 of 93

NRC-HQ-84-16-C-0001 personnel positions within a month after a position becomes vacant will result in an overall 2% monthly deduction. Note: It is suggested that the four fulltime positions above should be salary positions even though in the price schedule they are broken down by hourly rates. (4) Maintenance of Facility: The contractor shall maintain an environment conducive to the successful and safe operation of the NRC Fitness Center. NRC provides on-site contracted services for heat, cooling, light, water and cleaning of facilities. In cases of interruption of service or other environmental control problems, the contractor shall notify the COR or report the problem directly through the Office of Administrations Facilities Management Branch. The contractor shall inspect all locker rooms and shower facilities at least once every 30 minutes to ensure cleanliness; that there are not any safety hazards; and that access for emergency assistance can easily be provided, if necessary. If the contractor notices any issues with cleanliness or safety issues they shall report it to the Office of Administrations Division of Facilities and Security. The contractor shall ensure that all users of the facility comply with the rules and regulations established by the NRC concerning the use of the facility and equipment. The contractor is responsible for safeguarding all government property provided for the contractor use. At the end of each work period, all government facilities, equipment, and materials shall be secured. The contractor shall operate under conditions that prevent waste of utilities and ensure that their employees practice utilities conservation. The contractor employees shall not adjust mechanical equipment controls for heating, ventilation, and air conditioning systems. (5) Equipment Maintenance, Calibrations, Repairs and Replacements: The contractor shall maintain all exercise equipment in a safe and operational manner. The contractor shall ensure that all exercise equipment is cleaned and sanitized on a weekly basis. The contractor shall also provide frequent preventative maintenance to include quarterly calibration and inspection of all fitness equipment. The contractor shall submit requests for inoperable equipment within one calendar day (excluding weekends and federal holidays) of equipment failure. The contractor shall provide all necessary repairs and replacements of equipment to ensure that all equipment functions properly. The contractor shall make recommendations to the COR for any alternate or additional equipment that may enhance the operation of the Center. (6) Funding Through Membership Fees: The Fitness Center is funded in part by membership fees which are deducted from members' payroll (currently $10.00/per bi-weekly pay period). The members' payroll deductions will be managed by the Department of Interior (DOI) and then transferred to the Contractor's bank account for processing. The NRC is not responsible, nor liable for, the NRC members' portion of membership fees or dues. The NRC is not committed to funding, nor shall it obligate funds under the resulting contract, for the NRC members' portion of membership fees or dues. Advance payment is not authorized for NRC's portion of membership fees or dues under this contract prior to the members' enrolment and initial use of the facility. Members may terminate their membership for any reason within one month of giving written notice with no termination fee. (7) On-Site Fitness Services: The contractor shall operate a comprehensive employee fitness program as an element of the agency 's overall health promotion and disease prevention strategy as outlined in 5 U.S.C. §7901 http://www.qpo.gov/fdsys/granule/USCODE-2011-title5/USCODE-2011-title5-partl 11-subpartF-chap 79-sec 7901 /content-detail.html 11 of 93

NRC-HQ-84-16-C-0001

8) Enrolment Forms: The Contractor shall ensure that all new members complete required enrolment applications and waiver forms prior to using the Center. Current members shall not be required to complete new enrollment applications. (NRC Form 681 - see attachment one)(a)

(9) Physical Fitness Assessment: Within 7 calendar days of a member request, the contractor shall conduct a physical fitness assessment for Fitness Center members. The assessment shall include testing blood pressure and heart rate, height/body weight, body circumference and body composition, cardiovascular sub-maximal bicycle evaluation, low back flexibility, and abdominal strength test. (10) Personalized Fitness Program: The contractor shall conduct an individual meeting with each member who requests to develop a personalized program or fitness prescription according to the physical fitness assessment results. The Contractor shall provide advice on how to warm up, stretch, cool down, record workouts, and use all equipment, including free weights, as part of a tailored program. (11) Follow-up Evaluations: Within 7 calendar days of completion of the physical fitness assessment, the Contractor shall conduct a follow-up evaluation to assess the member's progress, re-evaluate or redesign their personalized fitness program (if created), and address any question or concerns that may have arisen. The contractor shall also be available for follow-up meetings to update or revise a member's personalized program. (12) Medical Clearance: If the Contractor believes that a member should not use the Fitness Center due to health reasons, the member shall be required to provide a written medical clearance from his/her physician or the NRC Contract Medical Director prior to using the Fitness Center. The contractor shall tag files of members with special health conditions so they are aware that there are fitness regimens deemed medically appropriate for them to follow. (13) Exercise Classes: The Contractor shall offer a variety of exercise classes designed to provide members with the maximum conditioning benefit. The contractor shall also provide the following specialty group exercise classes: yoga, Zumba, spin/cycle and TRX. The contractor shall notify the COR of new emerging types of group exercise classes and shall semi-annually evaluate the group exercise class current offerings for member interest and satisfaction. All classes shall be a minimum of 45 minutes and maximum of 60 minutes. Classes shall be scheduled equitably over'the morning, lunchtime, and evening periods. The schedule of classes shall be coordinated with and receive prior approval from the COR, posted prominently within the Fitness Center, posted on NRC's internal Fitness Center webpage, and e-mailed to members as changes occur. (14) Annual Member Survey: The contractor shall develop an evaluation form to be distributed by e-mail on an annual basis to NRC members to gather feedback on the operation of the HQ Fitness Center. Additionally, the COR will spot-check and also accept anecdotal reports from members. The contractor shall receive prior written approval of the form from the COR prior to distribution to members. 12 of 93

NRC-HQ-84-16-C-0001 6.2 TASK 2

  • ADMINISTRATION OF OFF-SITE FITNESS - REGIONAL & REMOTE The NRC provides a subsidy for fitness facility membership to interested employees who are stationed at the Regions and Remote locations. This includes Regions: I, II, Ill, IV, the Technical Training Center; and approximately 75 separate remote sites throughout the United States.

Please refer to the following web site which lists the current locations of operating nuclear reactors (sites) http://www.nrc.gov/info-finder/reactor/, as the subsidy is also offered to NRC employees who are stationed at these facilities. NRC Regional and Remote employees may join a commercial fitness facility of their choice that is in compliance with the guidance outlined in NRC Form 682 and 683. The NRC will subsidize 50 percent of their annual membership dues, not to exceed $200.00 per contract year, and excluding any processing fee and/or costs associated with service upgrades. The contractor shall reimburse employees once the employee provides a completed NRC form 682 and 683, and required attachments. These attachments include proof of membership and proof of payment of dues. Reimbursement Procedure: Regional and Remote employees will send their Request for reimbursement forms along with documentation of proof of membership and proof of payment (copy of cancelled check, credit card receipt, or credit card statement) to NRC's Regional Fitness Services Point of Contacts (POC). A copy of the agreement with the fitness facility must be submitted and/or on file in order for the employee to receive reimbursement. NRC's Regional Fitness Services POC will verify the employee's employment status and ensure the form has all the needed documentation for reimbursement. The Regional Fitness Services POC will then forward the form along with attached needed documentation to the Contractor for review and processing and the Contractor shall issue reimbursement to the employee. The contractor shall process all request for Reimbursements forms within 30 calendar days of receiving a completed form. Below find the annual estimated numbers of employees at the regions and remote sites that

  • currently utilize the fitness services reimbursement program:

Region I - King of Prussia, PA Region - 50 Region II -Atlanta, GA Region - 60 Region Ill - Lisle, IL Region - 35 Region IV - Arlington, TX Region - 35 Chattanooga, TN - Technical ITC - 10 Note - the above annual estimates include the remote employees that report to each of the above 5 regional locations. 6.3 TASK 3

  • PROMOTIONAL PLAN 3.1 The contractor shall be responsible for developing at least two fitness campaign on an annual basis throughout the term of the contract. As a part of these campaigns the contractor shall provide promotional items to be used as incentives (Note: These promotional items must not use appropriated funds or charge NRC to purchase these items). The contractor shall assess community needs and prioritize promotion of fitness activities/programs. The contractor shall create a marketing plan to address the communication of useful, relevant fitness promotion information. The contractor shall perform a quarterly review to demonstrate that population needs and priorities have been established and that fitness promotion programs have been coordinated. The Contractor shall receive written approval from the COR prior to initiating a campaign. The contractor shall provide a promotional plan to the COR within one month of award of the contract, and annually thereafter.

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N RC-HQ-84-16-C-OOO 1 3.2 The Contractor shall prepare and disseminate a quarterly newsletter each quarter to all regional employees. The newsletter shall include but not limited to the following information: workout tip routines and suggestions, healthy recipe suggestions another fitness educational information on wellness topics. The newsletter should be disseminated by the 1 Qth calendar day of the quarter to all Regional Fitness Services POCs who will distribute the newsletter to all regional employees. Written approval by the COR is needed prior to sending the newsletter to the Fitness Services POCs. 6.4 CANCELLATION OR TERMINATION OF MEMBERSHIP NRC Headquarters Fitness Center members may terminate their membership for any reason within.a 1-month period after giving written notice, with no termination fee. However, regional and remote members stationed at the nuclear plant sites and off-site (regional) will have to comply with the regional/remote commercial Fitness Center's policy at which they are a member. 6.5 FINANCIAL MANAGEMENT The contractor shall maintain all accounting records that support billings to the NRG. The contractor's accounting records shall be made available for NRC to review and/or audit upon request. The contractor shall invoice the NRG monthly for HQ fitness services performed under both firm-fixed price and cost reimbursement Contract Line Items (CLINs). Each invoice shall reflect the fixed price and cost reimbursement totals by CUN for the billing period and for the year to date. The contractor shall invoice the NRG monthly for regional and remote fitness services actual costs incurred. Each invoice shall reflect the cost for the billing period and for the year to date. Each invoice shall reflect membership fees collected during the billing period and for the year to date. Actual monthly payments by the NRC to the contractor shall occur only when the monthly firm-fixed price and cost-reimbursement amounts and regional and remote cost of services, when combined, exceeds actual membership fees collected year-to-date. The amount due to the contractor is the difference between the membership fees collected monthly and the monthly firm-fixed price and cost reimbursement services combined. The amount of the membership fee shall be determined by the COR. Who is eligible to use the Fitness Program? All current NRC employees are eligible to utilize the NRG fitness center or equivalent facility. This includes: Temporary employees including summer hires; Reemployed annuitants; and Part-time employees. Employees from other Federal agencies who are on detail to NRG may also be eligible to utilize the NRG fitness center. You should consult with the NRG Fitness Program Manager on this type of situation. Volunteers, retirees, and contractors are not eligible to utilize the NRG fitness program. Headquarters employees must pay their employee membership fees through payroll deduction. Regional and remote employees pay their employee membership contribution directly to an 14 of 93

N RC-HQ-84-16-C-0001 approved local Fitness Service Vendor, as outlined in NRC's Fitness Service Contract 6.6 CONTRACTOR RESPONSIBILITIES The Contractor shall be responsible for the following: The Contractor and Contractor employees shall conduct only business covered by this contract during periods paid for by the NRG, and shall not.conduct any other business on NRC premises. Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. Contractor personnel attending meetings, answering phones, and working in other situations where their status is not obvious are required to identify themselves as such to avoid creating the impression that they are Government officials. The contractor shall not.employ any person who is an employee of the U.S; Government if employing that person would create a conflict of interest. The*contractor shall not employ persons for work on this contract if such employee is consid.ered by the NRC ~o be a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population. Additionally, the contractor shall not employ any person who is an employee of the NRC, unless such person seeks and receives approval in accordance with NRC regulations. Federal regulations prohibit the use of any controlled substances and alcoholic beverages while Contractor employees are working on Federal property. or in Federal installations. All Contractor personnel shall be made.aware of these requirements prior to placement, and shall sign a statement to that effect. All personnel serving*under this contract shall be employees or.affiliates of the Contractor. Validation of personnel qualifications to perform services described herein is the responsibility of the Contractor. All of the contractor personnel shall exhibit a thoroughly professional and service-oriented attitude and approach in the performance of their duties, a pleasant demeanor, and interpersonal skills. All contractor personnel shall be able to read, write, speak, and understand the Ef!glish language. Contractor personnel are expected to conduct themselves in a professional and courteous manner at all times. Any personnel impaired by substance abuse or who uses violenUprofane language, or conducts themselves otherwise in a manner construed to be threatening to themselves, others, or Federal property, shall not*be allowed to perform under this contract. The contractor shall counsel*or replace Contractor employees for reasons such as frequent absences, tardiness, inability to relate to the clientele, or failure to carry out assigned responsibilities. 15 of93

NRC-HQ-84-16-C-0001 If a Contractor employee demonstrates unusual behavior and/or a condition threatening to the orderly conduct of business during the course of an assignment, the Contractor shall remove the individual from the facility and taking such other action by notifying NRC's Personnel Security. Personnel assigned to work on-site under this contract are required to obtain a security clearance acceptable to the NRC prior to starting work on this contract. All on-site Contractor employees and Contractor affiliated personnel shall be certified by a nationally recognized fitness organization and shall meet specific professional qualifications required by the Statement of Work. The COR may request Contractor management staff to interface directly with Regional staff for administrative or training purposes. Any administrative travel by Contractor management staff is subject to prior written approval by the COR. If approved, reimbursement shall be in accordance with Federal Travel Regulations. Contractor management staff shall coordinate with the COR to address any administrative issues. Contractor trainers conducting promotional plans shall have previous experience providing training of various topics to large or small groups of people from diverse cultures. The contractor shall endeavor to provide a stable staff with low turnover; and shall maintain a list of qualified replacement personnel to cover employees' leave or replacement. Contractor replacement staffs that are hired to cover planned leave periods for identified Key Personnel shall meet the same employment, qualification and security criteria and are subject to the same reviews as Key Personnel. The contractor shall work with the COR to ensure that replacements maintain building access or IT Level II clearance, as appropriate. The Contractor shall prepare work schedules for contractor employees and supervise and control the method by which the contractor employees perform their services. The contractor shall define the specific duties of individual contractor employees. Contractor employees shall also be responsible for completing administrative duties. Administrative duties shall include: tracking and organizing membership data, using database skills on a personal computer, completing Fitness Center membership enrolments and cancellations, and completing bimonthly auditing of employee memberships to ensure the payroll deductions and the files and statuses of memberships are up to date. 16 of 93

N RC-HQ-84-16-C-OOO 1

6. 7 PERMITS, LICENCES, CERTIFICATIONS, AND INSURANCE The contractor shall maintain liability insurance coverage, from an NRC approved carrier, for all personal injuries, property damage, and/or wrongful death arising from performance of the contract. After the award of the contract, the contractor shall send the CO a certificate evidencing said insurance coverage. During performance of the contract, the contractor shall indemnify and hold harmless the NRC from all claims for personal injury, property damage, and/or wrongful death arising from performance of the contract.

6.8 TRANSITION PLAN The contractor shall submit a detailed transition plan within one week of award of this contract to the COR and the CO. This plan shall provide detailed information on the contractor's approach for seamless continuation of operation of the HQ Fitness Center and reimbursement services for regional and remote employees. C. 7 Reporting Requirements Monthly Work Achievement Report: The contractor shall provide a monthly report to the CO and the COR, by the fifth calendar day of each month, which provides the following information on the HQ Fitness Center: (1) Monthly membership statistics including: the number of new membership enrolments, the number of cancelled memberships, and the total number of current members for the month being reported; (2) The amount collected in Employee membership fees; (3) Daily membership usage (4) Membership totals to date/ Peak hours of usage; (5) Classes/sessions/programs offered and.number of attendees; (6) Equipment repair (list by type of equipment and NRG property number-and provide duration of inoperability), cleaning, calibration, and maintenance activities completed; (7) Number of Fitness.Assessments, Personalized Exercise Programs and Body Composition services provided during the reporting month; (8) Staffing updates - to include staff turnover and staff badging status. (9) Other significant accomplishments during reporting month; Quarterly Report of Regional and Remote Fitness Activities: The contractor shall submit a quarterly report to the COR by the fifth calendar day of each quarter that indicates the number of requests for reimbursement forms processed by region and the number ofrequested reimbursement forms that were not processed within 30 calendar days. Quarterly Report of Promotional Programs: The Contractor shall submit a quarterly report to the COR by the tenth calendar day of each quarter that delineates all fitness promotional programs that have been accomplished from the marketing plan.during that quarter and includes timelines and progress in achieving marketing goals and objectives that have not yet been completed. The contractor shall provide the date the quarterly regional news letter was disseminated to all regional fitness services points of contact. Annual Report: The contractor shall submit an annual report to the COR within 14 calendar days of the end of each year of the contract that addresses the following: 17 of93

N RC-HQ-84-16-C-OOO 1 (1) Analysis of the Center's operations throughout the year. Which can include but is not limited to: noting the utilization seen throughout the reporting year (i.e. comparing utilization seen each month by day and highlighting peak utilization days/months), noting any staff changes, noting any facility renovations/concerns, noting any equipment repairs/purchases, and analysis and recommendations for any changes/improvements for the following year. (2) Summary of the Group Exercise classes offered and attendance to the classes throughout the reporting year. Analysis and recommendations for any changes/additions to the class offerings for the following year. (3) Summary of the fitness programming services provided throughout the reporting year including number of Physical Fitness Assessments and Personalized Fitness Programs provided. Analysis and recommendations for any needed changes to these services the following year. (4) Summary of the quarterly fitness promotion campaigns provided during the reporting year. Analysis of the success of these campaigns and recommendations for any needed changes to how these campaigns are implemented the following year. (5) Contractor's review and assessment of the quality of work performed, including proposed program improvements. HQ Fitness Center member Annual Survey Report: The contractor shall submit' an annual report to the COR within 45 calendar days of the end of each year of the contract that provides a summary of the results of the annual member survey. The report shall include the following information: (1) member's gender and age (2) number of times per week member uses Fitness Center, programs, or services (3) length of membership (4) satisfaction level with staff members (5) satisfaction level with group fitness programming (6) satisfaction level with fitness and wellness programming (7) satisfaction level with the facility and equipment (8) members program and service interests (9) member's rating in comparison to other companies that offer similar services (10) member's likelihood of continuing to use services (11) member's likelihood of recommending programs and services to others 18 of 93

NRC-HQ-84-16-C-0001 (12) member's suggestions for improvement or additional comments MONTHLY COMPLIANCE REPORT: The contractor's management will report monthly on their compliance with staffing the fitness center in accordance With the requirements of the Performance Work Statement and J.2 Performance Requirements Summary Matrix. OTHER RECORDS AND REPORTS: Occasionally, throughout the duration of the contract, at the request of the COR, the contractor may'be required to prepare additional reports other than those specified above; such as usage or demographic statistics. C.08 Publications Any reports, press releases, marketing material, or any other printed or electronic documentation related to this project generated by the contractor under this contract shall not be released for publication or dissemination without prior written approval from the Contracting Officer (CO). All information and data related to this project that the contractor gathers or obtains shall be both protected from unauthorized release and considered the property of the Government. The CO will be the sole authorized official to release any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this contract. C.09 Government-Furnished Property The Government will provide office space, computers with the appropriate software, monitors, printers, facsimile and copy machines, telephones with local service, office supplies, and file cabinets. In addition, televisions, a DVD system, and a music sound system will be provided to the contractor for use by the Fitness Center members. A list of Government-furnished fitness, aerobic, and assessment equipment and accessories is provided in section J.3 of the contract The attached listed equipment/property shall not be transferred from this contract. Only the equipment/property listed above in the quantities shown will be provided by the Government. The contractor shall be responsible and accountable for all Government property provided under this contract and shall comply with the provisions of the FAR Government Property Clause included in this contract and FAR Subpart 45.5, as in effect on the date of this contract. The contractor shall investigate and provide written notification to the CO, COR and the NRC Division of Facilities and Security, Physical Security Branch of all cases of loss, damage, or destruction of Government property in its possession or control no later than 24 hours after discovery. All other equipment/property required in performance of the contract shall be furnished by the Contractor. C.10 Place of Performance The work to be performed under this contract will be primarily performed at NRC HQ White Flint Complex, see address below: Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 19 of 93

C.11 Recognized Holidays New Year's Day Martin Luther King Jr.'s Birthday President's Day Memorial Day Independence Day C.12 Access Controls Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day NRC-HQ-84-16-C-0001 (NOTE: In the context below, any references to "keys" also means access cards, badges and codes.) The contractor shall establish and implement methods of making sure all keys or key cards issued to the contractor by the Government are not lost or misplaced, are used just for official work performed under the contract, and are not used by unauthorized persons. No keys issued to the contractor by the Government shall be duplicated. The contractor shall develop procedures covering key control. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR and CO. In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon direction of the CO, re-key or replace the affected lock or locks; however, the Government, at its option; may replace the affected lock or locks or perform re-keying. When the replacement of locks or re'"keying is performe.d by the*Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the contractor. The contractor shall prohibit the use of Government issued keys/key cards by any persons other than the contractor's employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the co. C.13 Post-award Orientation (kickoff) or Periodic Progress Meetings The contractor agrees to attend any post-award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The CO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. The contractor may be required to meet with the COR and CO at the beginning of contract performance. Meetings will be schedule as needed. The contractor may request meetings 20 of 93

N RC-HQ-84-16-C-OOO 1 whenever a discrepancy exists and no mutual resolution is apparent. The written minutes of these meetings shall be signed by the contractor's manager, the CO, and the COR. If the contractor does not concur with the minutes, he/she shall state any areas of non-concurrence within 7 calendar days of receipt of the signed minutes. C.14 Qualifications ofKey Personnel The categories of Director, Associate Director, fitness specialists and fitness instructors shall be designated as Key Personnel under this contract. The contractor shall provide qualified personnel that meet the minimum requirements described below. Director Education: The minimum level of education for this position shall inclu_de a Bachelor's degree in health and fitness management, exercise physiology, sports psychology or other accredited bachelor's degrees in fitness. Candidates shall have a certification from the American College of Sports Medicine (ACSM), the American Council on Exercise (ACE), the National Strength and Conditioning Association (NSCA), the National Counsel*for Certified Personal Trainer (NCCPT) or similar certifying organization that is certified by the National Commission for Health Certifying Agencies (NCHCA). Experience: Candidates shall have at least 1-year of experience in management and supervision, and 2-years' experience in conducting fitness assessments, designing and implementing exercise programs, teaching exercise techniques, and organizing arid operating fitness facilities. Abilities: Candidates.shall demonstrate a clear understanding*of all conditioning programs, including walking, running, aerobic dance, step training, flexibility, and strength training. Candidates shall have a demonstrated ability to work effectively with staff, coordinate staff scheduling, develop and teach programs, employ marketing tools, and maintain a physical fitness facility in safe and proper working condition. Associate Director Education: The minimum level of education for this position shall include a Bachelor's degree in health and fitness management, exercise physiology or other accredited bachelor's degrees in fitness. Candidates shall have a certification from the American College of Sports Medicine (ACSM), the American Council on Exercise (ACE),, the National Strength and Conditioning Association (NSCA), the National Counsel for Certified Personal Trainer (NCCPT) orsimilar certifying organization that is certified by"the National Commission for Health Certifying Agencies (NCHCA}. Experience: Candidates shall have at least 6 months experience in management and supervision, and 1-year experience in conducting fitness assessments, designing and implementing exercise programs, teaching exercise techniques, and organizing and operating fitness facilities. Abilities: Candidates shall demonstrate a clear understanding of all conditioning programs, including walking, running, aerobic dance, step training, flexibility, and strength training. Candidates shall have a demonstrated ability to work effectively with staff, coordinate staff scheduling; develop and teach programs, employ marketing tools, maintain a safe fitness facility, and provide preventive maintenance and repair of equipment. 21 of 93

NRC-HQ-84-16-C-0001 Fitness Specialist Education: The minimum level of education for this position shall include a Bachelor's degree in health and fitness management, exercise physiology or other accredited bachelor's degrees in fitness. Candidates shall have a certification from the American College of Sports Medicine (ACSM), the American Council on Exercise (ACE),, the National Strength and Conditioning Association (NSCA), the National Counsel for Certified Personal Trainer (NCCPT) or similar certifying organization that is certified by the National Commission for Health Certifying Agencies (NCHCA). Experience: Candidates shall have at least 6 months experience in conducting fitness assessments, designing.and implementing exercise programs, teaching exercise techniques, and organizing and operating fitness facilities. Abilities: Candidates shall demonstrate a clear understanding of all conditioning programs, including walking, running, aerobic dance, step training, flexibility, and strength training. Candidates shall demonstrate competencies in conducting aerobic movement classes along with experience in one or more of the following area: kinesiology, physiology, biomechanics, and injury prevention. Fitness Instructor Education: Candidates shall have a certification from the ACSM, the ACE, AFAA, the NSCA or similar certifying organization, with sports medicine management. Experience: Candidates shall have at least 3 months experience in conducting fitness assessments and designing and implementing exercise programs, conducting aerobic movement classes, including aerobic, step, jazzercise, yoga, body sculpting, zumba, cycle, TRX or other types of specialty group x classes. Abilities: Candidates shall demonstrate a clear understanding of all conditioning programs, including walking, running, aerobic dance, step training, flexibility, and strength training. Candidates shall demonstrate competencies in conducting aerobic movement classes along with experience in one or more of the following areas: kinesiology, physiology, biomechanics, and injury prevention. All Group Exercise instructors shall be certified through the International Dance and Exercise Association, the Aerobic and Fitness Association of America, the American College of 'Sports Medicine, the American Council on Exercise or the Aerobics Institute. All certifications shall remain current throughout the life of the contract. The contractor shall provide the COR eviden.ce of renewal of all such certifications. All contractor employees shall have completed a basic course in first aid and be CPR certified. At least one staff member shall possess adequate knowledge of personal computers and software sufficient to manage and operate the Center's established programs and databases at all times. 22 of 93

NRC-HQ-84-16-C-0001 SECTION D - Packaging and Marking D.1 NRCD020 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 NRG with recognition for its involvement in and contribution to the project. If the work performed is funded entirely with NRG funds, then the contractor must acknowledge that information in its documentation/presentation. Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of the Chief Human Capital Officer, under Contract NRC-HQ-84-16-C-0001. D.2 NRCD010 PACKAGING AND MARKING (a) The Contractor shall package material for shipment to the NRG 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. 23 of93

NRC-HQ-84-16-C-0001 SECTION E - Inspection and Acceptance E.1 NRCE010 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013) Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the NRC Contracting Officer's Representative (COR) at the destination, accordance with FAR 52.247 F.o.b. Destination. Contract Deliverables:

1. Monthly Work Achievement Report
2. Quarterly Report of Regional and Remote Fitness Activities
3. Quarterly Report of promotional programs 4.AnnualReport
5. HQ Fitness Center member Annual Survey Report.
6. Quarterly Newsletter to the Regions.
7. Monthly Compliance Report 24 of 93

N RC-HQ-84-16-C-0001 SECTION F - Deliveries or Performance F.1 NRCF030C PERIOD OF PERFORMANCE ALTERNATE 111 This contract shall commence on 03/01/2016 and will expire on 02/28/2017. The term of this contract may be extended at the option of the Government for an additional 4 option periods. Base Period: 03/01/2016-02/28/2017 Option YR 1: 03/01/2017 - 02/28/2018 Option YR 2: 03/01/2018-02/28/2019 Option YR 3: 03/01./2019 - 02/29/2020 Option YR 4: 03/01/2020-02/28/2021 F.2 NRCF010 PLACE OF DELIVERY-REPORTS The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

a. Name: Sarah.LinneroothHoenig@nrc.gov (1 Electronic Copy)
b. Contracting Officer's Representative (COR)
c. Name: Erika Eam@nrc.gov (1 Electronic copy)
d. Contracting Officer (CO) 25 of 93

NRC-HQ-84-16-C-0001 SECTION G - Contract Administration Data G.1 NRCG030 ELECTRONIC PAYMENT (SEP 2014) 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-Central Contractor Registration". To receive payment, the contractor shall prepare invoices in accordance with NRC's Billing Instructions. Claims shall be submitted on the payee's letterhead, invoice, or on the Government's Standard Form 1034, "Public Voucher for Purchases and Services Other than Personal," and Standard Form 1035, "Public Voucher for Purchases Other than Personal - Continuation Sheet." The preferred method of submitting invoices is electronically to: NRCPayments@nrc.gov. G.2 NRC REGISTRATION IN FEDCONNECT (JULY 2014) The Nuclear Regulatory Commission (NRC) uses Compusearch Software Systems' secure and auditable two-way web portal, FedConnect, to communicate with vendors and contractors. FedConnect provides bi-directional communication between the vendor/contractor and the NRG throughout pre-award, award, and post-award acquisition phases. Therefore, in order to do business with the NRG, vendors and contractors must register to use FedConnect at https://www.fedconnect.net/FedConnect. The individual registering in FedConnect must have authority to bind the vendor/contractor. There is no charge for using FedConnect. Assistance with FedConnect is provided by Compusearch Software Systems, not the NRG. FedConnect contact and assistance information is provided on the FedConnect web site at https://www.fedconnect.net/FedConnect. 26 of 93

NRC-HQ-84-16-C-0001 SECTION H - Special Contract Requirements H.1 2052.204-70 SECURITY. (OCT 1999) (a) Security/Classification Requirements Form. The attached NRC Form 187 (See List of Attachments) furnishes the basis for providing security and classification requirements to prime contractors, subcontractors, or others (e.g., bidders) who have or may have an NRG.contractual

  • relationship that requires access to classified information or matter, access on a.continuing basis (in excess of 90 or more days) to NRCHeadquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.

(b) It is the contractor's duty to safeguard National Security Information, Restricted Data, and Formerly Restricted Data. The contractor shall, in accordance with the.Commission's security regulations and requirements, be responsible for safeguarding National Security Information, Restricted Data, and*Formerly Restricted Data, and for protecting against sabotage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise *expressly provided in this contract, the contractor shall transmitto the.Commission any classified matter in the possession of the contractor or any person under the contractor's control in connection with performance of this contract upon completion or termination of this contract. (1) The contractor shall complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained if the retention is: (i) Required after the completion or termination.of the contract; and (ii) Approved by the contracting officer. (2) The certification must identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract continue to be applicable to the matter retained. (c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 197 4 (Pub. L. 93-579), or other information which has not been released to the public.or has been determined by the Commissioff to be otherwise exempt from. disclosure to the public. The contractor agrees to hold the information in confidence and not to directly or indirectly duplicate, disseminate, or disclose the information, in whole or in part, to any other person or organization except as necessary to perform the work under this. contract. The contractor agrees to return the information to the Commission or otherwise dispose of it aUhe direction of the contracting officer. Failure to comply with this clause is grounds for termination of this contract. (d) Regulations. The contractor agrees to conform to all security regulations and requirements of the Commission which are subject to change as directed by the NRC Division of Facilities and Security and the Contracting Officer. These changes will be under the *authority of the FAR Changes clause referenced in Section I of this document. 27 of93 l

NRC,-HQ-84-16-,C-0001 (e). Definition of National Security Information. As used in this. clause,.the.term National Secu~ity Information means information that has been.determined pursuant to Executive Order 12958 or

  • any predecessor order to. require protection against unauthorized disclosure and that is so designated.

(f) Definition of Restricted Data. As used in this clause, the term Restricted Data means all data cqncerning design, manufacture, o.r:utilization of atomic weapons; the production.of special nuclear material; or the use of special nuclear material in *the. production of energy, but does not include data declassified or removed from the Restricted Data category under to Section 142 of the Atomic Energy Act of 1954, as amended. (g) Definition.of Formerly Restricted Data. As used in this clause the term Formerly Restricted Data means all data removed from the Restricted Data category under Section 142-d of the Atomic.Energy Act 9f1954, as amended; (h) Security*clearance personnel. The contractor may not permit any individual to have access to Restricted Data,: Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is reqliired:The contractor shall also execute a Standard Form 3J2, Classified Information Nondisclosure Agreement, when access to classified information is required. (i) Criminal. liabilities. Disclosure of National c,Security Information,-Restricted Data, and -Formerly 'Restricted Data relating to th~ work or services ordered hereunder.to any. person not entitled to receive it, orfailure to s~feguard any Restricted Data, Formerly Restricted Data, or*any other classified :matter that may come to the contractor or.any person under the contractor's control.*in connection w.ithwork under this contract; may subject the.contractor, its agents;: employees,* or subcontractors to criminal liability *under.the laws of the United States. (See the Atomic Energy Act ofl954, as amended, 42 U.S.C. 2011 *et'seq.; 18 U;S,C: 793 and 794; and Executive Order 12958l

0) Subcontracts and purchase orders. Except as otherwise authorized, in writing, by the contracting officer; the.contractor shall insert provisions similar to the*foregoing in all subcontracts and.purchase orders under this*-contract.

(k) In performing contract work, the contractor shall classify all documents,. material, and equipmeritorigiriated or generated by the contractor in.accordance with guidance issued by the Commission. Every*subcontractand purchase order issued under the contract that involves originating or generating classified documents, material, and equipment must provide that the subcontractor or supplier assign the proper classification to all documents, material, and equipment in accordance with guidance furnished by the contractor. H.2 2052.204-71 SITE ACCESS BADGE REQUIREMENTS. (JAN 1993) During the life ofthis contract,. the* rights of ingress and egress *for contractor personnel must.be made available as required. In this regard, all contractor personnel whose. duties under this .contract require their presence on-site. shall:be clearly identifiable by a distinctive badge furnished by the Govern*merit. The Project Officer shall assist the;contractor in obtainingJhe badges for contractor personnel. It is the sole responsibility of the contractor to ensure *that each employee has-proper. identification atall times.. All prescribed identification must be immediately deliveredte the Security Office for cancellation or disposition *Lipan the termination of 28 of 93

N RC-HQ-84-16-C-OOO 1 employment of any contractor personnel. Contractor personnel shall have this identification in their possession during on-site performance under this contract. It is the contractor's duty to assure that contractor personnel enter only those work areas necessary for performance of contract work and to assure the safeguarding of any Government records or data that contractor personnel may come into contact with. H.3 2052.209-70 CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT. (OCT 1999) (a) The following representation is required by the NRC Acquisition Regulation 2009.105-70(b). It is not NRC policy to encourage offerers and contractors to propose currenUformer agency employees to perform work under NRC contracts and as set forth in the above cited provision, the use of such employees may, under certain conditions, adversely affect NRC's consideration of non-competitive proposals and task orders. (b) There [] are [x] are no currenUformer NRC employees (including special Government employees performing services as experts, advisors, consultants, or members of advisory committees) who have been or will be involved, directly or indirectly, in developing the offer, or in negotiating on behalf of the offerer, or in managing, administering, or performing any contract, consultant agreement, or subcontract resulting from this offer. For each individual so identified, the Technical and Management proposal must contain, as a separate attachment, the name of the individual, the individual's title while employed by the NRC, the date individual left NRC, and a brief description of the individual's role under this proposal. H.4 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993) (a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor: (1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract;* and (2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract. (b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause. (c) Work for others. (1) Notwithstanding any other provision of this contract, during.the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all employees under this contract abide by the provision of this clause. If the contractor has reason to believe, with respect to itself or any employee, that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement. (2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the subject of the 29 of 93

N RC-HQ-84-16-C-OOO 1 audit, inspe*ction, or review are the same as or substantially similar to the services within the scope of this contract (or task order as appropriate) except where the NRC licensee or applicant requires the contractor's support to explain or defend the contractor's prior work for the utility or other entity which NRC questions. (3) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, the contractor shall neither solicit nor perform work in the same or similar technical area for that licensee or applicant organization for a period commencing with the award of the task order or beginning of work on the site (if not a task order contract) and ending one year after completion of all work under the associated task order, or last time at the site (if not a task order contract). (4) When the contractor performs work for the NRC under this contract at any NRC licensee or applicant site, (i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate. (ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter. (iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage. (d) Disclosure after award. (1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, that it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2. (2) The contractor agrees that if, after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. The NRC may, however, terminate the contract if termination is in the best interest of the Government. (3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad spectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract. Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer. The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity. 30 of 93

N RC-HQ-84-16-C-0001 NRC may deny approval of the disclosed work only when the NRC has issued a task order which includes the technical area and, if site-specific, the site, or has plans to issue a task order which includes the technical area and, if site-specific, the site, or when the work violates paragraphs (c)(2), (c)(3) or (c)(4) of this section. (e) Access to and use of information. (1) If, in the performance of this contract, the contractor obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internaLdata protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act(5 U.S.C.-Section 552 (1986)), the contractoragrees not to: (i) Use this information for any private purpose until the information has been released to the public; (ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contractor the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC. (2) In addition, the contractor agrees that, to the extent it receives-or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on: use of the information. (3) Subject to patent and security provisions ofthis contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met. (f) Subcontracts. Except as provided in-48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights. (g) Remedies. For breach of any of the above restrictions, or for intentional-nondisclosure or misrepresentation of any relevant interest required to be disclosed.concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract. (h) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9. (i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing 31 of93

NRC-HQ-84-16-C-0001 by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services. (1) If the contractor under this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement of work or specifications. The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do

  • not apply.

(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government. H.5 2009.570 NRC ORGANIZATIONAL CONFLICTS OF INTEREST. 2009.570-1 SCOPE OF POLICY. (a) It is the policy of NRC to avoid, eliminate, or neutralize contractor organizational conflicts of interest. The NRC achieves this objective by requiring all prospective contractors to submit information describing relationships, if any, with organizations or persons (including those regulated by the NRC) which may give rise to actual or potential conflicts of interest in the event of contract award. (b) Contractor conflict of interest determinations cannot be made automatically or routinely. The application of sound judgment on virtually a case._by-case basis is necessary if the policy is to be applied to satisfy the overall public interest. It is not possible to prescribe in advance a specific method or set of criteria which would serve to identify and resolve all of the contractor conflict of interest situations that might arise. However, examples are provided in these regulations to guide application ofthis policy guidance. The ultimate test is as follows: Might the contractor, if awarded the contract, be placed in a position where its judgment may be biased, or where it may have an unfair competitive advantage? (c) The conflict of interest rule contained in this subpart applies to contractors and offerers only. Individuals or firms who have other relationships with the NRC (e.g., parties to a licensing proceeding) are not covered by this regulation. This rule does not apply to the acquisition of consulting services through the personnel appointment process, NRC agreements with other Government agencies, international organizations, or state, local, or foreign Governments. Separate procedures for avoiding conflicts.of interest will be employed in these agreements, as appropriate. 2009.570-2 DEFINITIONS. Affiliates means business concerns which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both. Contract means any contractual agreement or other arrangement with the NRC except as provided-in 2009.570-1 (c). 32 of 93

NRC-HQ-84-16-C-0001 Contractor means any person, firm, unincorporated association, joint venture, co~sponsor, partnership, corporation, affiliates thereof, or their successors in interest, including their chief executives, directors, key personnel (identified in the contract), proposed consultants or subcontractors, which are a party to a contract with the NRC. Evaluation activities means any effort involving the appraisal of a technology, process, product, or policy. Offerer or prospective contractor means any person, firm, unincorporated association, joint venture, cossponsor, partnership, corporation, or their affiliates or successors in interest, including their chief executives, directors, key personnel, proposed consultants, or

  • subcontractors, submitting a bid or proposal, solicited or unsolicited, to the NRC to obtain a contract.

Organizational conflicts of interest means that a relationship exists whereby a contractor or prospective contractor has present or planned interests related to the work to be performed under an NRC contract which: (1) May diminish its capacity to give impartial, technically sound, objective assistance and advice, or may otherwise result in a biased work product; or (2) May result in its being given an unfair competitive advantage. Potential conflict of interest means that a factual situation exists that suggests that an actual conflict of interest may arise from award of a proposed contract The term *potential conflict of interest is used to signify those situations that: ( 1 ) Merit investigation before contract award to ascertain whether award would give rise to an actual conflict; or (2) Must be reported to the contracting officer for investigation if they arise during* contract performance. Research means any scientific or technical work involving theoretical analysis, exploration, or experimentation. Subcontractor means any subcontractor of any tier who performs work under a contract with the NRC except subcontracts for supplies and subcontracts in amounts not exceeding.$10,000. Technical consulting and management support services means internal assistance to a component of the NRC in the formulation or administration of its programs, projects, or policies which normally require that the contractor be given access to proprietary information or to information that has not been made available to the public. These services typically include assistance in the preparation of program plans, preliminary designs,. specifications, or statements of work. 2009.570-3 CRITERIA FOR RECOGNIZING CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (a) General. 33 of93

N RC-HQ-84-16-C-OOO 1 (1) Two questions will be asked in determining whether actual or potential organizational conflicts of interest exist: (i) Are there conflicting roles which might bias an offeror's or contractor's judgment in relation to its work for the NRC? (ii) May the offeror or contractor be given an unfair competitive advantage based on the performance of the contract? (2) NRC's ultimate determination that organizational conflicts of interest exist will be made in light of common sense.and good business judgment based upon the relevant facts. While it is difficult to identify and to prescribe in advance a specific method for avoiding all of the various situations or relationships that might involve potential organizational conflicts of interest, NRC personnel will pay particular attention to proposed co,ntractual requirements that call for the rendering of advice, consultation or evaluation activities, or similar activities that directly lay the groundwork for the NRC's decisions on regulatory activities, future procurements, and research, programs. Any work performed at an applicant or licensee site will also be closely scrutinized by the NRC staff. (b) Situations or relationships. The following situations or relationships may give rise to organizational conflicts of interest: (1) The offeror or contractor shall disclose information that may give rise to organizational conflicts of interest under the following circumstances. The information may include the scope of work or specification for the requirement being performed, the period of performance, and the name and telephone number for a point of contact at the organization knowledgeable about the commercial contract. (i) Where the offeror or contractor provides advice and recommendations to the NRC in the same technical area where it is also providing consulting assistance to any organization regulated by the NRC. (ii) Where the offeror or contractor provides advice to the NRC on the same or similar matter on which it is also providing assistance to any organization regulated by the NRC. (iii). Where the offeror or contractor evaluates its own products or services, or has been substantially involved in the development or marketing of the products or services of another entity. (iv) Where the award of a contract would result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC, or would result in an unfair competitive advantage for the offeror or contractor. (v) Where the offeror or contractor solicits or performs work at an applicant or licensee site while performing work in the same technical area for the NRC at the same site. (2) The contracting officer may request specific information from an offeror or contractor or may require special contract clauses such as provided in 2009.570-S(b) in the following circumstances: (i) Where the offeror or contractor prepares specifications that are to be used in competitive 34 of 93

NRC-HQ-84-16-C-0001 procurements of products or services*covered by the specifications. (ii) Where the offerer or contractor prepares plans for specific approaches or methodologies that are to be incorporated into competitive procurements using the approaches or methodologies. (iii) Where the offeror or contractor is granted access to information not available to the public concerning NRC plans, policies, or programs that could form the basis for a later procurement action. (iv) Where the offeror or contractor is granted access to proprietary information of its competitors. (v) Where the award of a contract might result in placing the offeror or contractor in a conflicting role in which its judgment may be biased in relation to its work for the NRC or might result in an unfair competitive advantage for the offerer or contractor. (c) Policy application guidance. The following examples are illustrative only and are not intended to identify and resolve all contractor organizational conflict of interest situations. (1 )(i) Example. The ABC Corp., in response to a Request For Proposal (RFP), proposes to undertake certain analyses of a reactor component as called for in the RFP. The ABC Corp. is one of several companies considered to be technically well qualified. In response to the inquiry in the RFP, the ABC Corp. advises that it is currently performing similar analyses for the reactor manufacturer. (ii) Guidance. An NRC contract for that particularwork normally would not be awarded to the ABC Corp. because the company would be placed in a position in which its judgment could be biased in relationship to its work for the NRC. Because there are other well-qualified companies available, there would be no reason for considering a waiver of the policy. (2)(i) Example. The ABC Corp., in response to an RFP, proposes to perform certain analyses of a reactor component that is unique to one type of advanced reactor. As is the case with other technically qualified companies responding to the RFP, the ABC Corp. is performing various projects for several different utility clients. None of the ABC Corp. projects have any relationship to the work called for in the RFP. Based on the NRC evaluation, the ABC Corp. is considered to be the best qualified company to perform the work outlined in the RFP. (ii) Guidance. An NRC contract normally could be awarded to the ABC Corp. because no conflict of interest exists which could motivate bias with respect to the work. An appropriate clause would be included in the contract to preclude the ABC Corp. from subsequently contracting for work with the private sector that could create a conflict during the performance of the NRC contract. For example, ABC Corp. would be precluded from the performance of similar work for the company developing the advanced reactor mentioned in the example. (3)(i) Example. The ABC Corp., in response to a competitive RFP, submits a proposal to assist the NRC in revising NRC's guidance documents on the respiratory protection requirements of 10 CFR Part 20. ABC Corp. is the only.firm determined to be technically acceptable. ABC Corp. has performed substantial work for regulated utilities in the.past and is expected to continue similar efforts in the future. The work has and will cover the writing, implementation, and administration of compliance respiratory protection programs for nuclear power plants. 35 of 93

NRC-HQ-84-16-C-0001 (ii) Guidance. This situation would place the firm in a role where its judgment could be biased in relationship to its work for the NRC. Because the nature of the required work is vitally important in terms of the NRC's responsibilities and no reasonable alternative exists, a waiver of the policy, in accordance with 2009.570-9 may be warranted. Any waiver must be fully documented in accordance with the waiver provisions of this policy with particular attention to the establishment of protective mechanisms to guard against bias. (4)(i) Example. The ABC Corp. submits a proposal for a new system to evaluate a specific reactor component's performance for the purpose of developing standards that are important to the NRC program. The ABC Corp. has advised the NRC that it intends to sell the new system to industry once its practicability has been demonstrated. Other companies in this business are using older systems for evaluation of the specific reactor component. (ii) Guidance. A contract could be awarded to the.ABC Corp. if the contract stipulates that no information produced under the contract will be used in the contractor's private activities unless this information has been reported to the NRC. Data on how the reactor component performs, which is reported to the NRC by contractors, will normally be dissemi.nated by the NRC to others to preclude an unfair competitive advantage. When the NRC furnishes information about the reactor component to the contractor for the performance of contracted work, the information may not be used in the contractor's private activities unless the information is generally available to others. Further, the contract will stipulate that the contractor will inform the NRC contracting officer of all situations in which the information, developed about the performance of the reactor component under the contract, is proposed to be used. (5)(i) Example. The ABC Corp., in response to a RFP, proposes to assemble a map showing certain seismological features of the Appalachian fold belt. In accordance with the representation in the RFP and 2009.570-3(b)(1)(i), ABC Corp. informs the NRG that it is presently doing seismological studies for several utilities in the eastern United States, but none of the sites are within the geographic area contemplated by the NRC study. (ii) Guidance. The contracting officer would normally conclude that award of a contract would not place ABC Corp. in a conflicting role where its judgment might be biased. Section 2052.209-72(c) Work for Others, would preclude ABC Corp. from accepting work which could create a conflict of interest during the term of the NRG contract. (6)(i) Example. AD Division of ABC Corp., in response to a RFP, submits a proposal to assist the NRC in the safety and environmental review of applications for licenses for the construction, operation, and decommissioning of fuel cycle facilities. ABC Corp. is divided into two separate and distinct divisions, AD and BC. The BC Division performs the same or similar services for industry. The BC Division is currently providing the same or similar services required under the NRC's contract for an applicant or licensee. (ii) Guidance. An NRC contract for that particular work wou.ld not be awarded to the ABC Corp. The AD Division could be placed in a position to pass judgment on work performed by the BC Division, which could bias its work for NRG. Further, the Conflict of Interest provisions apply to ABC Corp. and not to separate or distinct divisions within the company. If no reasonable alternative exists, a waiver of the policy could be sought in accordance with 2009.570-9. (7)(i) Example. The ABC Corp. completes an analysis for NRG of steam generator tube leaks at one of a utility's six sites. Three months later, ABC Corp. is asked by this utility to perform the same analysis at another of its sites. 36 of 93

NRC-HQ-84-16-C-0001 (ii) Guidance. Section 2052.290-72(c)(3) would prohibit the contractor from beginning this work for the utility until one year after completion of the NRC work at the first site. (8)(i) Example. ABC Corp. is assisting NRC in a major on-site analysis of a utility's redesign of the common areas between its twin reactors. The contract is for two years with an estimated value of $5 million. Near the completion of the NRC work, ABC Corp. requests authority to solicitfor a $100K contract with the same utility to transport spent fuel to a disposal site. ABC Corp. is performing no other work for the utility. (ii) Guidance. The Contracting Officer would allow the contractor to proceed with the solicitation because it is not in the same technical area as* the NRC work: and the potential for technical bias by the contractor because of financial ties to the utility is slight due to the relative value of the two contracts. (9)(i) Example. The ABC Corp. is constructing a turbine building and installing new turbines at a reactor site. The contract with the utility is for five years and has a total value of $100 million. ABC Corp. has responded to an NRG Request for Proposal requiring the contractor to participate in a major team inspection unrelated to the turbine work at the same site. The estimated value of the contract is $75K. (ii) Guidance. An NRC contract would not normally be awarded to ABC Corp. because these factors create the potential for financial loyalty to the utility that may bias the technical judgment of the contractor. (d) Other considerations. (1) The fact that the NRC can identify and later avoid, eliminate, or neutralize any potential organizational conflicts arising from the performance of a contract is not relevant to a determination of the existence of conflicts prior to the award of a contract. (2) It is not relevant that the contractor has the professional reputation of being able to resist temptations which arise from organizational conflicts of interest, or that a follow-on procurement is not involved, or that a contract is awarded on a competitive or a sole source basis. H.6 2052.215-70 KEY PERSONNEL. (JAN 1993) (a) The following individuals are considered to be essential to the successful performance of the work hereunder: Director, Associate Director and Two Fitness Specialists Note: It is suggested that the four fulltime positions above should be salary positions even though in the price schedule they are broken down by hourly rates.

  • The contractor agrees that personnel may not be removed from the. contract work or replaced without compliance with paragraphs (b) and (c) of.this section.

(b) If one or more of the key personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal 37 of 93

NRC-HQ-84-16-C-0001 or initially anticipated, the contractor shall immediately notify the contracting officer and shall, subject to the concurrence of the contracting officer, promptly replace the personnel with personnel of at least substantially equal ability and qualifications. (c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution. The contracting officer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify the contractor of his or her decision in writing. (d) If the contracting officer determines that suitable and timely,replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate. If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage. H.7 2052.215-71 PROJECT OFFICER AUTHORITY. (OCT 1999) *ALTERNATE I (OCT (a) The contracting officer's authorized representative, hereinafter referred to as the project officer, for this contract is: Name: Sarah Linnerooth Hoenig Address: 11555 Rockville Pike, Rockville MD 20852 Telephone Number: 301-415-7113 Email: Sarah.LinneroothHoenig@nrc.gov Alternate contracting officer's representative is: Name: Tracy Scott Address: 11555 Rockville Pike, Rockville MD 20852 Telephone Number: 301-287-0736 Email: Tracy.Scott@nrc.gov (b) The project officer shall: (1) Place delivery orders for items required under this contract up to the amount obligated on the contract award document. (2) Monitor contractor performance and recommend changes in requirements to the contracting officer. (3) Inspect and accept products/services provided under the contract. (4) Review all contractor invoices/vouchers requesting payment for products/services provided under the contract and make recommendations for approval, disapproval, or suspension. (c) The project officer may not make changes to the express terms and conditions of this contract. 38 of 93

NRC-HQ-84-16-C-0001 H.8 2052.215-77 TRAVEL APPROVALS AND REIMBURSEMENT. (OCT 1999) (a) 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 before beginning travel. (b) The contractor must receive written approval from the NRG Project Officer before taking travel that was unanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work, or.changes to specific travel identified in the Statement of Work). (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 Limitations of Cost clause of this contract when, at any time, the contractor learns that travel expenses will cause the contractor to exceed the estimated costs specified in the Schedule. (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 (0MB) guidance are not exceeded. Applicable guidance documents include 0MB Circular A-87, Cost Principles for State and Local Governments; 0MB Circular A-122, Cost Principles for Nonprofit Organizations; and 0MB Circular A-21, Cost Principles for Educational Institutions. H.9 NRCH330 RULES OF BEHAVIOR FOR AUTHORIZED COMPUTER USE In accordance with Appendix Ill, "Security of Federal Automated Information Resources," to Office of Management and Budget (0MB) 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 ofthe NRC. In response to the direction from 0MB, 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," wjll include this policy. The rules of behavior can be viewed at http://www.internal.nrc.gov/CSO/documents/ROB.pdf or use NRC's 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 39 of 93

NRC-HQ-84-16-C-0001 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 NRC's external Web-based ADAMS at http://wba.nrc.gov:8080/ves/ (Under Advanced Search, type ML082190730 in the Query box). The NRG 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 rules of behavior can be provided for contractors upon written request to the NRG Contracting Officer's 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 NRG electronic and information technology (EIT) as that term is defined in FAR 2.101. H.10 NRCH440 CONTRACTOR RESPONSIBILITY FOR PROTECTING PERSONALLY IDENTIFIABLE INFORMATION (PII) In accordance with the Office of Management and Budget's guidance to Federal agencies and the Nuclear Regulatory Commission's (NRG) implementing policy and procedures, a contractor (including subcontractors and contractor employees), who performs work on behalf of the NRG, is responsible for protecting, from unauthorized access or disclosure, personally identifiable information (PII) that may be provided, developed, maintained, collected, used, or disseminated, whether in paper, electronic, or other format, during performance of this contract. A contractor who has access to NRG owned or controlled PII, whether provided to the contractor by the NRG or developed, maintained, collected, used, or disseminated by the contractor during the course of contract performance, must comply with the following requirements: (1) General. In addition to implementing the.specific requirements set forth in this clause, the contractor must adhere to* all other applicable NRG guidance, policy and requirements for the handling and protection of NRC owned or controlled PII. The contractor is responsible for making sure that it has an adequate understanding of such guidance, policy and requirements. (2) Use, Ownership, and Nondisclosure. A contractor may use NRG owned or controlled PII solely for purposes of this contract, and may not collect or use such PII for any purpose outside the contract without the prior written approval of the NRC Contracting Officer. The contractor must restrict access to such information to only those contractor employees who need the information to perform work under this contract, and must ensure that each such contractor employee (including subcontractors' employees) signs a nondisclosure agreement, in a form suitable to the NRC Contracting Officer, prior to being granted access to the information. The NRC retains sole ownership and rights to its PII. Unless the contract states otherwise, upon completion of the contract, the contractor must turn over all PII in its possession to the NRC, and must certify in writing that it has not retained any NRC owned or controlled PII except as otherwise authorized in writing by the NRG Contracting Officer. (3) Security Plan. When applicable, and unless waived in writing by the NRG Contracting Officer, the contractor must work with the NRC to develop and implement a security plan setting 40 of 93

NRC-HQ-84-16-C-0001 forth adequate procedures for the protection of NRC owned or controlled PII as well as the procedures which the contractor must follow for notifying the NRC in the event of any security breach. The plan will be incorporated into the contract and must be implemented and followed by the contractor once it has been approved by the NRC Contracting Officer. If the contract does not include a security plan at the time of contract award, a plan must be submitted for the approval of the NRC Contracting Officer within 30 days after contract award. (4) Breach Notification. The contractor must immediately notify the NRC Contracting Officer and the NRC Contracting Officer's Representative (COR) upon discovery of any suspected or confirmed breach in the security of NRC owned or controlled Pit. (5) Legal Demands for Information. If a legal demand is made for NRC owned or controlled PII (such as by subpoena), the contractor must immediately notify the NRC Contracting Officer and the NRC Contracting Officer's Representative (COR). After notification, the NRC will determine whether and to what extent to comply with the legal demand. The Contracting Officer will then notify the contractor*in writing of the determination and such notice will. indicate the extent of disclosure authorized, if any. The contractor may only release the information specifically demanded with the written permission of the NRC Contracting Officer. (6) Audits. The NRC may audit the contractor's compliance with the requirements of this clause, including through the use of online compliance software. (7) Flow-down. The prime contractor will flow this clause down to subcontractors that would be covered by any portion of this clause, as if they were the prime contractor. (8) Remedies: (a) The contractor is responsible for implementing and maintaining adequate security controls to prevent the loss of control or unauthorized disclosure of NRC owned or controlled Pit in its possession. Furthermore, the contractor is responsible for reporting any known or suspected loss of control or unauthorized access to PII to the NRC in accordance with the provisions set forth in Article 4 above. (b) Should the contractor fail to meet its responsibilities under this clause, the NRC reserves the right to take appropriate steps to mitigate the contractor's violation of this clause. This may include, at the sole discretion of the NRC, termination of the subject contract. (9) Indemnification. Notwithstanding any other remedies available to the NRC, the contractor will indemnify the NRC against all liability (including costs and fees) for any damages arising out of violations of this clause. H.11 NRCH430 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (OCT 2014) All contractor employees, subcontractor employees, applicants, and consultants proposed for performance or performing under this contract shall be subject to pre-assignment, random, reasonable suspicion, and post-accident drug testing applicable to: (1) individuals who require unescorted access to nuclear power plants, (2) individuals who have access to classified or safeguards information, (3) individuals who are required to carry firearms in performing security services for the NRC, (4) individuals who are required to operate government vehicles or 41 of 93

NRC-HQ-84-16-C-0001 transport passengers for the NRC, (5) individuals who are required to operate hazardous equipment at NRC facilities, or (6) individuals who admit to recent illegal drug use or those who are found through other means to be using drugs illegally. The NRC Drug Program Manager will schedule the drug testing for all contractor employees, subcontractor employees, applicants, and consultants who are subject to testing under this clause. The consequences of refusing to undergo drug testing or a refusal to cooperate in such testing, including not appearing.at the scheduled appointment time, will result in the Agency's refusal of the contractor employee to work under any NRC contract. Any NRC contractor employee found to be using, distributing or possessing illegal drugs, or any contractor employee who fails to receive a verified negative drug test result under this program while in a duty status will immediately be removed from working under the NRC contract. The contractor's employer will be notified of the denial or revocation of the individual's authorization to have access to information and ability to perform under the contract. The individual may not work on any NRC contract for a period of not less than one year from the date of the failed, positive drug test and will not be considered for reinstatement unless evidence of rehabilitation, as determined by the NRC "drug testing contractor's" Medical Review Officer, is provided. Contractor drug testing records are protected under the NRC Privacy Act Systems of Records, System 35, "Drug Testing Program Records - NRC" found at: http://www.nrc.gov/reading-rm/foia/privacy-systems.html H.12 NRCH370 SAFETY OF ON-SITE CONTRACTOR PERSONNEL Ensuring the safety of occupants of Federal buildings is a responsibility shared by the professionals implementing our security and safety programs and the persons being protected. The NRC's Office of Administration (ADM) Division of Facilities and Security (DFS) has coordinated an Occupant Emergency Plan (OEP) for NRC Headquarters buildings with local authorities. The OEP has been approved by the Montgomery County Fire and Rescue Service. It is designed to improve building occupants' chances of survival, minimize damage to property, and promptly account for building occupants when necessary. The contractor's Project Director shall ensure that all personnel working full time on-site at NRC Headquarters read the NRC's OEP, provided electronically on the NRC Intranet at http://www.internal.nrc.gov/ADM/OEP..pdf. The contractor's Project Director also shall emphasize to each staff member that they are to be familiar with and guided by the OEP, as well as by instructions given by emergency response personnel in situations which pose an immediate health or safety threat to building occupants. The NRC Contracting Officer's Representative (COR) shall ensure that the contractor's Project Director has communicated the requirement for on-site contractor staff to follow the guidance in the OEP. The NRC Contracting Officer's Representative (COR) also will assist in accounting for on-site contract persons in the event of a major emergency (e.g., explosion occurs and casualties or injuries are suspected) during which a full evacuation will be required, including the assembly and accountability of occupants. The NRC DFS will conduct drills periodically to train occupants and assess these procedures. H.13 NRCH360 INTERNET Neither NRC nor its third party contractors that manage or develop the NRC web site shall send persistent cookies, place persistent cookies on users' computers, nor collect personally 42 of 93

NRC-HQ-84-16-C-0001 identifiable information from visitors to the NRC web site unless in addition to clear and conspicuous notice, each of the following conditions are met: there is a compelling need to gather the data on the site; there are appropriate and publicly disclosed privacy safeguards for handling of information derived from "cookies"; and personal approval is obtained from the head of the agency. H.14 NRCH320 COMPENSATION FOR ON-SITE CONTRACTOR PERSONNEL (a) NRC facilities may not be available due to (1) designated Federal holiday, any other day designated by Federal Statute, Executive Order, or by President's Proclamation; (2) early dismissal of NRC employees during working hours (e.g., special holidays, water emergency); or (3) occurrence of emergency conditions during nonworking hours (e.g., inclement weather). (b) When NRC facilities are unavailable, the contractor's compensation and deduction policy (date), incorporated herein by reference, shall be followed for contractor employees performing work on-site at the NRC facility. The contractor shall promptly submit any revisions to this policy to the Contracting Officer for review before they are incorporated into the contract. (c) The contractor shall not charge the NRC for work performed by on-site contractor employees who were reassigned to perform other duties off site during the time the NRC facility was closed. (ct) On-site contractor staff shall be guided by the instructions given by a third party (e.g., Montgomery County personnel in situations which pose an immediate health or safety threat to employees (e.g., water emergency). (e) The contractor's Project Director shall first consult the NRC Contracting Officer's Representative (COR) before releasing on-site personnel in situations which do not impose an immediate safety or health threat to employees (e.g., special holidays). That same day, the contractor must then alert the Contracting Officer of the NRC Contracting Officer's Representative's (COR) direction. The contractor shall continue to provide sufficient personnel to perform the requirements of essential tasks as defined in the Statement of Work which already are in operation or are scheduled. H.15 NRCH070 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY (a) The NRC will provide the contractor with, the following items for use under this contract:

1. See Section J (attachments)

Include an asterisk (*) if the item also applies to paragraph (b) below. (b) The equipment/property listed below is hereby transferred from contract/agreement number: NRC-38-10-706 to contract/agreement number NRC-HQ-84-16-C-0001:

1. See Section J (attachments)

(c) Only the equipment/property listed above in the quantities shown will be provided by the Government. The contractor shall be responsible and accountable for all Government property provided under this contract and shall comply with the provisions of the FAR Government 43 of 93

N RC-HQ-84-16-C-OOO 1 Property Clause under this contract and FAR Subpart 45.5, as in effect on the date of this contract. The contractor shall investigate and provide written notification to the NRC Contracting Officer (CO) and the NRC Division of Facilities and Security, Physical Security Branch of all cases of loss, damage, or destruction of Government property in its possession or control not later than 24 hours after discovery. The contractor must report stolen Government property to the local police and a copy of the police report must be provided to the CO and to the Division of Facilities and Security, Office of Administration. (d) All other equipment/property required in performance of the contract shall be furnished by the Contractor. H.16 NRCH030 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II ACCESS APPROVAL (SEP 2013) The contractor must identify all individuals selected to work under this contract. The NRC Contracting Officer's Representative (COR) shall make the final determination of the level, if any, of IT access approval required for all individuals working under this contract/order using the following guidance. The Government shall have full and complete control and discretion over granting, denying, withholding, or terminating IT access approvals for contractor personnel performing work under this contract/order. The contractor shall conduct a preliminary security interview or review for each employee requiring IT level I or II access and submit to the Government only the names of candidates that have a reasonable probability of obtaining the level of IT access approval for which the employee has been proposed. The contractor shall pre-screen its applicants for the following: (a) felony arrest in the last seven (7) years; (b) alcohol related arrest within the last five (5) years; (c) record of any military courts-martial convictions in the past ten (10) years; (d) illegal use of narcotics or other controlled substances possession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlled substances in the last seven (7) years; and (e) delinquency on any federal debts or bankruptcy in the last seven (7) years. The contractor shall make a written record of its pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (e)), and have the employee verify the pre-screening record or review, sign and date it. The contractor shall supply two (2) copies of the signed contractor's pre-screening record or review to the NRC Contracting Officer's Representative (COR), who will then provide them to the NRC Office of Administration, Division of Facilities and Security, Personnel Security Branch with the employee's completed IT access application package. The contractor shall further ensure that its personnel complete all IT access approval security applications required by this clause within fourteen (14) calendar days of notification by the NRC Contracting Officer's Representative (COR) of initiation of the application process. Timely receipt of properly completed records of the pre-screening record and IT access approval applications (submitted for candidates that have a reasonable probability of obtaining the level of security assurance necessary for access to NRC's IT systems/data) is a requirement of this contract/order. Failure of the contractor to comply with this requirement may be a basis to terminate the contract/order for cause, or offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the contractor. SECURITY REQUIREMENTS FOR IT LEVEL I 44 of 93

NRC-HQ-84-16-C-0001 Performance underthis contract/order will involve contractor personnel who perform services requiring direct access to or operate agency sensitive information technology systems or data (IT Level I). The IT Level I involves responsibility for the planning, direction, and implementation of a computer security program; major responsibility for the direction, planning, and design of a computer system, including hardware and software; or the capability to access a computer system during its operation or maintenance in such a way that could cause or that has a relatively high risk of causing grave damage; or the capability to realize a significant personal gain from computer access. Contractor personnel shall not have access to sensitive information technology systems or data until they are approved by DFS/PSB and they have been so informed inr writing by the NRC Contracting Officer's Representative (COR). Temporary IT access may be approved by DFS/PSB based on a favorable review or adjudication of their security forms and checks. Final IT access may be approved by DFS/PSB based on a favorably review or adjudication of a completed background investigation. However, temporary access authorization approval will be revoked and the employee may subsequently be denied IT access in the event the employee's investigation cannot be favorably adjudicated. Such an employee will not be authorized to work under any NRC contract/order requiring IT access without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officer's Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, the contractor shall assign another contractor employee to perform the necessary work under this contract/order without delay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of the contract/order. When an individual receives final IT access approval from DFS/PSB, the individual will be subject to a reinvestigation every ten (10) years thereafter (assuming continuous performance under contract/order at NRC) or more frequently in the event of noncontinuous performance under contract/order at NRC. CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall-submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the individual being authorized to perform work under this contract/order requiring access to sensitive information technology systems or data. Non-U.S. _citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7) years residency in the U.S. will not be approved for IT Level I access. The Contractor shall submit the documents to the NRC Contracting Officer's Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that all forms are_ accurate, complete, and legible. Based on DFS/PSB review of the contractor employee's security forms and/or the receipt of adverse information by NRC, the contractor individual may be denied access to NRC facilities and sensitive information technology systems or data until a final determination is made by DFS/PSB and thereafter communicated to the contractor by the NRC Contracting Officer's Representative (COR) regarding the contractor person's eligibility. In accordance with NRCAR 2052.204-70 "Security," IT Level I contractors shall be subject to the attached NRC Form 187 and SF-86 which furnishes the basis for providing security requirements to contractors that have or may have an NRC contractual relationship which requires access to or operation of agency sensitive information technology systems or remote 45 of 93 -1

NRC-HQ-84-16-C-0001 development and/or analysis of sensitive information technology systems or data or other access to such systems and data; access on a continuing basis (in excess more than 30 calendar days) to NRC buildings; or otherwise requires issuance of an unescorted NRC badge. SECURITY REQUIREMENTS FOR IT LEVEL II Performance under this contract/order will involve contractor personnel that develop and/or analyze sensitive information technology systems or data or otherwise have access to such systems or data (IT Level II). The IT Level II involves responsibility for the planning, design, operation, or maintenance of a computer system and all other computer or IT positions. Contractor personnel shall not have access to sensitive information technology systems or data until they are approved by DFS/PSB and they have been so informed in writing by the NRC Contracting Officer's Representative (COR). Temporary access may be approved by DFS/PSB based on a favorable review of their security forms and checks. Final IT access may be approved by DFS/PSB based on a favorably adjudication. However, temporary access authorization approval will be revoked and the contractor employee may subsequently be denied IT access in the event the employee's investigation cannot be favorably adjudicated. Such an employee will not be authorized to work under any NRC contract/order requiring IT . access without the approval of DFS/PSB, as communicated in writing to the contractor by the NRC Contracting Officer's Representative (COR). Where temporary access authorization has been revoked or denied by DFS/PSB, the contractor is responsible for assigning another contractor employee to perform the necessary work under this contract/order without delay to the contract/order performance schedule, or without adverse impact to any other terms or conditions of the contract/order. When a contractor employee receives final IT access approval from DFS/PSB, the individual will be subject to a review or reinvestigation every ten (10) years (assuming continuous performance under contract/order at NRC) or more frequently in the event of noncontinuous performance under contract/order at NRC. CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to the contractor employee being authorized to perform work under this contract/order. Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than seven (7) years residency in the U.S. will not be approved for IT Level II access. The Contractor shall submit the documents to the NRC Contracting Officer's Representative (COR) who will give them to DFS/PSB. The contractor shall ensure that all forms are accurate, complete, and legible. Based on DFS/PSB review of the contractor employee's security forms and/or the receipt of adverse information by NRC, the contractor employee may be denied access to NRG facilities, sensitive information technology systems or data until a final determination is made by DFS/PSB regarding the contractor person's eligibility. In accordance with NRCAR 2052.204-70 "Security," IT Level II contractors shall be subject to the attached NRG Form 187, SF-86, and contractor's record of the pre..:screening which 46 of 93

NRC-MQ-84-16"-C~0001 ,furnishes the bpsis for providing security requirer:nents to contractors that have or may llave_an NRC contractual relationship which requires access to.or operation of agency sensitive information technology systems or remote development and/or analysis of sensitive information technology systems or data or other access to such systeml? or data; access on a continuing basis. (in.excess of more. than 30 calendar days) to.NRC buildings;.or otherwise requires issuance of an unescorted NRC badge. CANC.ELLATION QR TERMINATION OF ITACCESS/REQIJEST When a request for IT access is to be withdrawn or canceled; the contractor shall immediately not.ify the NRC Contracting Officer's Representative (C:::OR) by telephone so that the access . review may be promptly discontinued. The notification -shall contain.the full name of the contractor employee and the date of the request. Telephone notifications must be promptly confirmed. by the. cohtrEt_ctor in writir:tgtothe NRC Contracting Officer's Represehtatiye (GOR);

  • who will forward the confirmation to DFS/PSB. Additionally, the contractor shall immediately notify the NRC Contracting Officers Representative {COR) in writing, who will in turn notify
  • DFS/P$B, wheri a contractor employee-no*1onger requires.access toNRC sensitive automated information technology systems or data, including the voluntary or involuntary separation.of

. employment of a contractor employee who has been,approved for or is being processed for iT access. The contractor shall flow the requirements of this clause down. into all subcontracts and agreements with consultants for work that requires themto access NRC IT resources. H:11 NRCH020 SECURITY R.EQUIREMENTS FOR BUILDING ACCESS APPROVAL {SEP 2013) The Contractor shall ensure that all its employees, subcontractor employees or consultants wh_o

  • are assigned to perform the work herein for contract performance for periods of more than 30

.calendar days at NRG facilities, are approved by"the. NRC for unescorted NRG building.access. The Contractor shall conquct a preliminary federal*facilities security screening interview or review for each of its employees, subcontractor employees,. and consultants and submit to the .NRC only the names of candidates for contract performance that have a reasonable probability pf obtaining approval necessary for access to NRC's federal facilities. The Contractor shall pre-screen' its applicants for the following: (a) felony arrest iri the last seven {7).years; (b) *alcohol related arrest withiri the last five*(S)

  • years; (c).re<;:ord of any military courts~martial convictions in the past ten (10) years;,(c:l) illeg.al use.of narcotics or other controlled substances possession in the past year, or illegal purchase, production, transfer, or distribution of narcotics or other controlled substances in the last seven (7) years; and {e) delinquency on any federal debts or t:>ankruptcy in the last-seven (7)years.

The Contractor shall make a written record of its pre-screening interview or review {including any information to mitigate the responses to items listec:l in '(a) - {e)), and have the applicant verify*the pre-screening record or review, sign and date it. Two (2) copies of the pre;;.screeriing signed record or review. shall be supplied to the Division of Facilities and Security, Personnel Security Branch (DFS/PSB) with the -Contractor employee's completed. building_ access . application package, The*Contractor shall further ensure that its employees,.any.'si.Jbcontractor employees and 47of93

NRC-HQ-84-16-C-0001 consultants complete all building access security applications required by this clause within fourteen (14) calendar days of notification by DFS/PSB of initiation of the application process. Timely receipt of properly completed records of the Contractor's signed pre-screening record or review and building access security applications (submitted for candidates that have a reasonable probability of obtaining the level of access authorization necessary for access to NRC's facilities) is a contract requirement. Failure of the Contractor to comply with this contract . administration requirement may be a basis to cancel the award, or terminate the contract for default, or offset from the contract's invoiced cost or price the NRC's incurred costs or delays as a result of inadequate pre-screening by the Contractor. In the event of cancellation or termination, the NRG may select another firm for contract award. A Contractor, subcontractor employee or consultant shall not have access to NRG facilities until he/she is approved by DFS/PSB. Temporary access may be approved based on a favorable NRG review and discretionary determination of their building access security forms. Final building access will be approved based on favorably adjudicated checks by the Government. However, temporary access approval will be revoked and the Contractor's employee may subsequently be denied access in the event the employee's investigation cannot be favorably determined by the NRG. Such employee will not be authorized to work under any NRG contract requiring building access without the approval of DFS/PSB. When an individual receives final access, the individual will be subject to a review or reinvestigation every five (5) or ten (10) years, depending on their job responsibilities at the NRG. The Government shall have and exercise full and complete control and discretion over granting, denying, withholding, or terminating building access approvals for individuals performing work under this contract. Individuals performing work under this contract at NRG facilities for a period of more than 30 calendar days shall be required to complete and submit to the Contractor representative an acceptable OPM Standard Form 85 (Questionnaire for Non-Sensitive Positions), and two (2) FD 258 (Fingerprint Charts). Non-U.S. citizens must provide official documentation to the DFS/PSB, as proof of their legal residency. This documentation can be a Permanent Resident Card, Temporary Work Visa, Employment Authorization Card, or other official documentation issued by the U.S. Citizenship and Immigration Services. Any applicant with less than five (5) years residency in the U.S. will not be approved for building access. The Contractor shall submit the documents to the NRG Contracting Officer's Representative (COR) who will give them to DFS/PSB. DFS/PSB may, among other things, grant or deny temporary unescorted building access approval to an individual based upon its review of the information contained in the OPM Standard Form 85 and the Contractor's pre-screening record. Also, in the exercise of its authority, the Government may, among other things, grant or deny permanent building access approval based on the results of its review or investigation. This submittal requirement also applies to the officers of the firm who, for any reason, may visit the NRG work sites for an extended period of time during the term of the contract. In the event that DFS/PSB are unable to grant a temporary or permanent building access approval, to any individual performing work under this contract, the Contractor is responsible for assigning another individual to perform the necessary function without any delay in the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract. The Contractor is responsible for informing those affected by this procedure of the required building access approval process (i.e., temporary.and permanent determinations), and the possibility that individuals may be required to.wait until permanent building access approvals are granted before beginning work in NRC's buildings. 48 of 93

NRC-HQ-84-16-C-0001 CANCELLATION OR TERMINATION OF BUILDING ACCESS/ REQUEST The Contractor shall immediately notify the COR when a Contractor or subcontractor employee or consultant's need for NRC building access approval is withdrawn or the need by the Contractor employee's for building access terminates. The.CCR will immediately notify DFS/PSB (via e-mail) when a Contractor employee no longer requires building access. The Contractor shall be required to return any NRC issued badges to the CORfor return to DFS/FSB (Facilities Security Branch) within three (3) days after their termination. 49 of 93

NRC-HQ-84-16~C-0001 SECTION I - Contract Clauses 1.1 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS. (MAY 2015) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance 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. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights '(1) within a reasonable 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. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act(31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusablt:rde/ays. 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. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive 50 of 93

N RC-HQ-84-16-C-0001 invoices. An invoice must include-(i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (0MB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedi_ngs. 51 of 93

NRC-HQ-84-16-C-0001 (i) Payment- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-S(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-52 of 93

NRC-HQ-84-16-C-OOO 1 (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-(A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. U) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:. (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. 53 of 93

N RC-HQ-84-16-C-OOO 1 (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (I) 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 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 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 which reasonably could have been avoided. (m) 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. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Governmenttakes physical possession. (o) 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. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance underthis contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter-37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the.schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other 54 of 93

N RC-HQ-84-16-C~ooo 1 Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification. (t) System for Award Management (SAM) (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (8) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerers and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. 55 of 93

NRC-HQ-84-16-C-0001 (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341 ), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. 1.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS* COMMERCIAL ITEMS. (FEB 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) D (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 56 of 93

NRC-HQ-84-16-C~ooo1 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and.10 U.S.C. 2402). [x] (2) 52:203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 u.s.c. 3509). [x] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) D (4) 52.204-10,.Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) (Pub. L.109-282) (31 U.S.C. 6101 note). (5) (Reserved) D (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743ofDiv. C). D (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C). [x] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). D (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313). D (10) (Reserved) D (11 )(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). 0 (ii) Alternate I (NOV 2011) of 52.219-3. D (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). D (ii) Alternate I (JAN 2011) of 52.219-4. D (13) (Reserved) [x] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 u.s.c. 644). 0 (ii) Alternate I (NOV 2011 ). 0 (iii) Alternate 11 (NOV 2011 ). D (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 u.s.c. 644). 57 of 93

NRC-HQ-84-16-C-0001 0 (ii) Alternate I (OCT 1995) of 52.219-7. - 0 (iii) Alternate 11 (MAR 2004) of 52.219-7. D (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)). D (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2015) (15 U.S.C. 637(d)(4)). D (ii) Alternate I (OCT 2001) of 52.219-9. 0 (iii) Alternate II (OCT 2001) of 52.219-9. D (iv) Alternate Ill (OCT 2015) of 52.219-9. D (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). D (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14 )). D (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4 )(F)(i)). D (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). D (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)). D (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)). D (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)). D (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). D (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126). D (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). 0 (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). D (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). D (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 58 of 93

N RC-HQ-84-16-C-OOO 1 U.S.C. 793). D (31) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212). D (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [x] (33}(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). D (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.0. 13627). D (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. 0. 12989). (Not applicable to the acquisition of commercially available off ~the-shelf items or certain other types of commercial items as prescribed in 22.1803.) D (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 0 (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) D (36)(i) 52.223-13, Acquisition of EPEAT-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). 0 (ii) Alternate I (OCT 2015) of 52.223-13. D (37)(i) 52.223-14, Acquisition of EPEAT-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). (ii) Alternate I (JUN 2014) of 52.223-14. D (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 u.s.c. 8259b). D (39)(i) 52.223-16, Acquisition of EPEAT-Registered Personal Computer Products (OCT 2015) (E.0.s 13423 and 13514). D(ii) Alternate I (JUN 2014) of 52.223-16. [x] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) D (41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83). D (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note*, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108~ 59 of 93

NRC-HQ-84-16-C-0001 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. 0 (ii) Alternate I (MAY 2014) of 52.225-3. 0 (iii) Alternate II (MAY 2014) of 52.225-3. D (iv) Alternate Ill (MAY 2014) of 52.225-3. D (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). D (44) 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). D (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Actfor Fiscal Year 2008; 10 U.S.C. 2302 Note). D (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). D (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). D (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 u.s.c. 4505, 10 u.s.c. 2307(f)). D (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 u.s.c. 4505, 10 u.s.c. 2307(f)}. [x] (50} 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332). D (51) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). 0 (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). D (53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). D (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241{b) and 10 U.S.C. 2631). 0 (ii) Alternate I (APR 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.) 60 of 93

NRC-HQ-84-16-C-0001 [x] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). D (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). D (3) 52.222-42,*Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). D (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). D (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U;S.C. chapter 67). D (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter67). D (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services,.Requirements (MAY 2014) (41 U.S.C. chapter 67). D (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). [x] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). D (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid,_ is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have*access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the 61 of93

NRC-HQ-84-16-C-0001 disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph ( e )( 1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-(i)52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility}, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers.(MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246); (vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 u.s.c. 793). (viii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212). (ix) 52.222-40; Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). (xi) _ (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 62 of 93

N RC-HQ-84-16-C-OOO 1 U.S.C. chapter 78 and E.O. 13627). _ (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.0. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. 0. 12989). (xv) 52.222,.55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.0. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U;S.C. 1792). Flow down required in' accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference.for Privately OwnedU.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) ofFAR clause 52.247-

64.

(2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 1.3 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 14 days of the end of the contract. 1.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000) 63 of93

NRC-HQ-84-16~C-0001 (a) The Government may extend the term of this contract by written notice to the Contractor within 30; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract; including *the. exercise of any options under this clause, shall not exceed 5 years 1:5 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_ fun text.of.a clause may be:accessed electronically at this/these address(es): 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008) 52.232-1 PAYMENTS; (APR 1984) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013) 52.233-3 PROTEST AFTER AWARD. (AUG 1996) 52.233-3 PROTEST AFTER AWARD. "{AUG1996)-ALTERNATE I (JUN 1985) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) 52;242-1 NOTICE OF-INTENT TO DISALLOW COSTS. (APR 1984) 52.244~ SUBCONTRACTS FOR COMMERCIAL ITEMS. (APR 2015) 64 of 93

NRC-HQ-84-16-C-0001 SECTION J - List of Documents, E~hibits and Other Attachments J.1 Billing Instructions J.2 PERFORMANCE REQUIREMENTS

SUMMARY

MATRIX J.3 Fitness* Center Equipment J.4 Form 681 (see attachment 1 at the end of the document) J.5 Form 682 (see attachment 2 at the end of the document) J.6 Form 683 (see attachment 3 at the end of the document) J.7 SF 187 (see attachment 4 at the end of the document) 65 of 93

NRC-HQ-84-16-C-0001 J.1 BILLING INSTRUCTIONS FOR TIME-AND-MATERIALS/LABOR-HOUR TYPE CONTRACTS (JAN 2015) General: During performance and through final payment of this contract, the contractor is responsible for the accuracy and completeness of data within the System for Award Management (SAM) database and for any liability resulting from the Government's reliance on inaccurate or incomplete SAM data. The contractor shall prepare invoices/vouchers for reimbursement of costs in the manner and format described herein. FAILURE TO SUBMIT INVOICESNOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONS WILL RESULT IN REJECTION OF THE INVOICENOUCHER AS IMPROPER. Standard Forms: Claims shall be submitted on the payee's letterhead, invoice/voucher, or on the Government's Standard Form 1034, "Public Voucher for Purchases and Services Other than Personal," and Standard Form 1035, "Public Voucher for Purchases Other than Personal-- Continuation Sheet." Electronic lnvoiceNoucher Submissions: The preferred method of submitting vouchers/invoices is electronically to the U.S. Nuclear Regulatory Commission, via email to: NRCPayments@nrc.gov. Hard-Copy lnvoiceNoucher Submissions: If you submit a hard-copy of the invoice/voucher, a signed original and supporting documentation shall be submitted to the following address: NRG Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop 03-E17A Rockville, MD 20852-2738 Purchase of Capital Property: ($50,000 or more with life of one year or longer) Contractors must report to the Contracting Officer, electronically, any capital property acquired with contract funds having an initial cost of $50,000 or more, in accordance with procedures set forth in NRG Management Directive (MD). Agency Payment Office: Payment will continue to be made by the office designated in the contract in Block 12 of the Standard Form 26, or Block 25 of the Standard Form 33, whichever is applicable. Frequency: The contractor shall submit claims for reimbursement once each month, unless otherwise authorized by the Contracting Officer. Format: lnvoicesNouchers shall be submitted in the format depicted on the attached sample form entitled "lnvoiceNoucher for Purchases and Services Other Than Personal". Alternate formats are permissible only if they address all requirements of the Billing Instructions. The instructions for preparation and itemization of the invoice/voucher are included with the sample form. 66 of 93

NRC-HQ-84-16-C-0001 Task Order Contracts: The contractor must submit a separate invoice/voucher for each individual task order with detailed cost information. This includes all applicable cost elements and other items discussed in paragraphs (a) through (q) of the attached instructions. In addition, the invoice/voucher must specify the contract number, and the NRG-assigned task/delivery order number. Billing of Costs after Expiration of Contract: If costs are incurred during the contract period and claimed after the contract has expired, you must cite the period during which these costs were incurred. To be considered a proper expiration invoice/voucher, the contractor shall clearly mark it "EXPIRATION INVOICE" or "EXPIRATION VOUCHER". Final invoices/vouchers shall be marked "FINAL INVOICE" or "FINAL VOUCHER". Currency: lnvoicesNouchers must be expressed in U.S. Dollars. Supersession: These instructions supersede previous Billing Instructions for Time-and-Materials/Labor-Hour Type Contracts (MAY 2013). INVOICENOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL (SAMPLE FORMAT - COVER SHEET)

1. Official Agency Billing Office NRC Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop 03-E17A Rockville, MD 20852-2738
2. lnvoiceNoucher Information
a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payee's Data Universal Number (DUNS) or DUNS+4 number that identifies the Payee's name and address. The DUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Payee to identify alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
b. Payee's Name and Address. Show the name of the Payee as it appears in the contract and its correct address. Where the Payee is authorized to assign the proceeds of this contract in accordance with the clause at Federal Acquisition Regulation (FAR) 52.232-23 Assignment of Claims, the Payee shall require as a condition of any such assignment, that the assignee shall register separately in the System for Award Management (SAM) database at http://sam.gov and shall be paid by EFT in accordance with the terms of this contract. See FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
c. Taxpayer Identification Number. The Payee shall include the Payee's taxpayer identification number (TIN) used by the Internal Revenue Service (IRS) in the administration of tax laws.

(See IRS Web site: http://www.irs.gov/lndividuals/lnternational-Taxpayers/Taxpayer-ldentification-Numbers-{TIN)). 67 of 93

NRC-HQ-84-16-C-0001

d. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC)), GSA Federal Supply Schedule (FSS), Governmentwide Agency Contract (GWAC) number, or Multiple Agency Contract (MAC) number, as applicable.
e. Task Order Number. Insert the task/delivery order number (If Applicable). Do not include more than one task order per invoice or the invoice may be rejected as improper.
f. lnvoiceNoucher. The appropriate sequential number of the invoice/voucher, beginning with 001 should be designated. Contractors may also include an individual internal accounting number, if desired, in addition to the 3-digit sequential number.
g. Date of lnvoiceNoucher. Insert the date the invoice/voucher is prepared.
h. Billing period. Insert the beginning and ending dates (day, month, year) of the period during which costs were incurred and for which reimbursement is requested.
i. Labor Hours Expended. Provide a general summary description of the services performed and associated labor hours utilized during the invoice period. Specify the Contract Line Item Number (CUN) or SubCLIN, as applicable, and information pertaining to the contract's labor categories/positions, and corresponding authorized hours.
j. Property. For contractor acquired property, list each item with an initial acquisition cost of

$50,000 or more and provide: (1) an item description, (2) manufacturer, (3) model number, (4) serial number, (5) acquisition cost, (6) date of purchase, and (7) a copy of the purchasing document.

k. Shipping. Insert weight and zone of shipment, if shipped by parcel post.

I. Charges for freight or express shipments. Attach prepaid bill if shipped by freight or express.

m. Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.
n. For Indefinite Delivery contracts, the final invoice/voucher shall be marked "FINAL INVOICE" or "FINAL VOUCHER".
o. Direct Costs. Insert the amount billed for the following cost elements, adjustments, suspensions, and total amounts, for both the current billing period and for the cumulative period (from contract inception to end date of this billing period).

(1) Direct (Burdened) Labor. This consists of salaries and wages paid (or accrued) for direct performance of the contract itemized, including a burden (or load) for indirect costs (i.e., fringe, overhead, General and Administrative, as applicable), and profit component, as follows: Labor Category Hours Billed Burdened Hourly Rate Cumulative Total Hours Billed (2) Contractor-acquired property ($50,000 or more). List each item costing $50,000 68 of 93

N RC-HQ-84-16-C-OOO 1 or more and having a life expectancy of more than one year. List only those items of equipment for which reimbursement is requested. For each such item, list the following (as applicable): (a) an item description, (b) manufacturer, (c) model number, {d) serial number, (e) acquisition cost, (f) date of purchase, and (g) a copy of the purchasing document. (3) Contractor-acquired property (under $50,000), Materials, and Supplies. These are equipment other than that described in (2) above, plus consumable materials and supplies. List by category. List items valued at $1,000 or more separately. Provide the item number for each piece of equipment valued_ at $1,000 or more. (4) Materials Handling Fee. Indirect costs allocated to direct materials in accordance the contractor's usual accounting procedures. (5) Consultant Fee. The supporting information must include the name, hourly or-daily rate of the consultant, and reference the NRC approval (if not specifically approved in the original contract). (6) Travel. Total costs.associated with each trip must be shown in the following format: Start Date From To Destination From To (Must include separate detailed costs for airfare, per diem, and other transportation expenses. All costs must be adequately supported by copies of receipts or other documentation.) (7) Subcontracts. Include separate detailed breakdown of all costs paid to approved subcontractors during the billing period.

p. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.
q. Adjustments. Insert columns for any adjustments, including outstanding suspensions for unsupported or unauthorized hours or costs, for the current and cumulative periods.
r. Grand Totals.
3. Sample lnvoiceNoucher Information Sample lnvoiceNoucher Information (Supporting Documentation mustbe attached)

This invoice/voucher represents reimbursable costs for the billing period from __ through __ Amount Billed Current Period Cumulative (a) Direct Costs (1) Direct burdened labor 69 of93

NRC-HQ-84-16-C-0001 (2) Government property ($50,000 or more) (3) Government property, Materials, and Supplies (under $50,000 per item) (4) Materials Handling Fee (5) Consultants Fee (6) Travel (7) Subcontracts Total Direct Costs: (b) Total Amount Billed (c) Adjustments(+/-) (d) Grand Total (The invoice/voucher format provided above must include information similar to that included below in the following to ensure accuracy and completeness.) SAMPLE SUPPORTING INFORMATION The budget information provided below is for format purposes only and is illustrative. Cost Elements:

1)
2)
3)
4)
5)

Direct Burdened Labor - $4,800 Labor Category Senior Engineer I Engineer Computer Analyst Hours Billed 100 50 100 Burdened Rate $28.00 $20.00 $10.00 Total $2,800 $1,000

  • $1,000

$4,800 Burdened labor rates must come directly from the contract. Cumulative Hours Billed 975 465 320 1,760 hrs. Government-furnished and contractor-acquired property ($50,000 or more) - $60,000 Prototype Spectrometer - item number 1000-01 = $60,000 Government-furnished and contractor-acquired property (under $50,000), Materials, and Supplies - $2,000 1 O Radon tubes @ $110.00 6 Pairs Electrostatic gloves @ $150.00 Materials Handling Fee - $40 (2% of $2,000 in item #3) Consultants' Fee - $100 = $1,100 = $ 900 $2,000 70 of 93

NRC-HQ-84-16-C-0001 Dr. Carney - 1 hour fully-burdened @ $100 = $100

6)

Travel - $2,640 (i) .Airfare: (2 Roundtrip trips for 1 person @ $300 per r/t ticket)

7)

Start Date 4/1/2011 7/1/2011 End Date 4/7/2011 7/8/2011 Days From 7 Philadelphia, PA 8 Philadelphia, PA (ii) Per Diem: $136/day x 15 days = $2,040 Subcontracting - $30,000 Company A Company B = $10,000 = $20,000 $30,000 To Wash, D.C. Wash, D.C. Cost $300 $300 (EX: Subcontracts for Companies A & B were consented to by the Contracting Officer by letter dated 6/15/2011.) Total Amount Billed Adjustments(+/-) Grand Total

4. Definitions

$99,580 0 $99,580 Material handling costs. When included as part of material costs, material handling costs shall include only costs clearly excluded from the labor-hour rate. Material handling costs may include all appropriate indirect costs allocated to direct materials in accordance with the contractor's usual accounting procedures. BILLING INSTRUCTIONS FOR COST-REIMBURSEMENT TYPE CONTRACTS (JAN 2015) General: During performance and through final payment of this contract, the contractor is responsible for the accuracy and completeness of data within the System for Award Management (SAM) database and for any liability resulting from the Government's reliance on inaccurate or incomplete SAM data. The contractor shall prepare invoices/vouchers for reimbursement of costs in the manner and format described herein. FAILURE TO SUBMIT INVOICESNOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONS MAY RESULT IN REJECTION OF THE INVOICENOUCHER AS IMPROPER. Standard Forms: Reimbursement requests shall be submitted on the payee~s letterhead, invoice/voucher, or on the Government's Standard Form 1034, "Public Voucher for Purchases and Services Other than Personal," and Standard Form 1035, "Public Voucher for Purchases Other than Personal--Continuation Sheet." Electronic lnvoiceNoucher Submissions: The preferred method of submitting 71 of93

NRC-HQ-84-16-C-0001 invoices/vouchers is electronically to the U.S. Nuclear Regulatory Commission, via email to: NRCPayments@nrc.gov. Hard-Copy lnvoiceNoucher Submissions: If you submit a hard-copy of the invoice/voucher, a signed original and supporting documentation shall be submitted to the following address: NRG Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop 03-E17A Rockville, MD 20852-2738 Purchase of Capital Property: ($50,000 or more with life of one year or longer) Contractors must report to the Contracting Officer, electronically, any capital property acquired with contract funds having an initial cost of $50,000 or more, in accordance with procedures set forth in NRC Management Directive (MD). Agency Payment Office: Payment will continue to be made by the office designated in the contract in Block 12 of the Standard Form 26, or Block 25 of the Standard Form 33, whichever is applicable. Frequency: The contractor shall submit requests for reimbursement once each month, unless otherwise authorized by the Contracting Officer. Format: lnvoicesNouchers shall be submitted in the format depicted on the attached sample form entitled "lnvoiceNoucher for Purchases and Services Other Than Personal". Alternate formats are permissible only if they address all requirements of the Billing Instructions. The instructions for preparation and itemization of the invoice/voucher are included with the sample form. Task Order Contracts: The contractor must submit a separate invoice/voucher for each individual task order with detailed cost information. This includes all applicable cost elements and other items discussed in paragraphs {a) through {s) of the attached instructions. In addition, the invoice/voucher must specify the contract number, and the NRG-assigned task/delivery order number. Billing of Costs after Expiration of Contract: If costs are incurred during the contract period and invoiced after the contract has expired, you must cite the period during which these costs were incurred. To be considered a proper expiration invoice/voucher, the contractor shall clearly mark it "EXPIRATION INVOICE" or "EXPIRATION VOUCHER". Final invoices/vouchers shall be marked "FINAL INVOICE" or "FINAL VOUCHER". Currency: lnvoicesNouchers must be expressed in U.S. Dollars. Supersession: These instructions supersede previous Billing Instructions for Cost-Reimbursement Type Contracts {MAY 2013). INVOICENOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL 72 of 93

(SAMPLE FORMAT - COVER SHEET)

1. Official Agency Billing Office NRC Payments U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mailstop 03-E17A Rockville, MD 20852-2738
2. lnvoiceNoucher Information NRC-HQ-84-16-C-0001
a. Payee's DUNS Number or DUNS+4. The Payee shall include the Payee's Data Universal Number (DUNS) or DUNS+4 number that identifies the Payee's name and address. The DUNS+4 number is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Payee to identify alternative Electronic Funds Transfer (EFT) accounts for the same parent concern.
b. Taxpayer Identification Number. The Payee shall include the Payee's taxpayer identification number (TIN) used by the Internal Revenue Service (IRS) in the administration of tax laws.

(See IRS Web site: http://www.irs.gov/Individuals/International-Taxpayers/Taxpayer-Identification-Numbers- (TIN)).

c. Payee's Name and Address. Show the name of the Payee as it appears in the contract and its correct address. Where the Payee is authorized to assign the proceeds of this contract in accordance with the clause at Federal Acquisition Regulation (FAR) 52.232-23 Assignment of Claims, the Payee shall require as a condition of any such assignment, that the assignee shall register separately in the System for Award Management (SAM) database at http://sam.gov and shall be paid by EFT in accordance with the terms of this contract. See FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
d. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC}), GSA Federal Supply Schedule (FSS), Governmentwide Agency Contract (GWAC) number, or Multiple Agency Contract (MAC) number, as applicable.
e. Task Order Number. Insert the task/delivery order number (If Applicable). Do not include more than one task order per invoice or the invoice may be rejected as improper.
f. lnvoiceNoucher. The appropriate sequential number of the invoice/voucher, beginning with 001 should be designated. Contractors may also include an individual internal accounting number, if desired, in addition to the 3-digit sequential number.
g. Date of lnvoiceNoucher. Insert the date the invoice/voucher is prepared.
h. Billing Period. Insert the beginning and ending dates (day, month, year) of the period during which costs were incurred and for which reimbursement is requested.
i. Description of Deliverables. Provide a brief description of supplies or services, quantity, unit 73 of 93

N RC-HQ-84-16-C-OOO 1 cost, and total cost.

j. Work Completed. Provide a general.summary description of the services performed or products submitted for the invoice period and specify the section or Contract Line Item Number (CLIN) or SubCLIN in the contract pertaining to the required deliverable(s).
k. Shipping. Insert weight and zone of shipment, if shipped by parcel post.

I. Charges for freight or express shipments. Attach prepaid.bill if shipped by freight or.express.

m. Instructions. Include instructions to consignee to notify the Contracting Officer of receipt of shipment.
n. For Indefinite Delivery contracts, the final invoice/voucher shall be marked "FINAL INVOICE" or"FINAL VOUCHER".
o. Direct Costs. Insert the amount billed for the following cost elements, adjustments, suspensions, and total amounts, for both the current billing period and for the cumulative period (from contract inception to end date of this billing period).

(1) Direct Labor. This consists of salaries and wages paid (or accrued) for direct performance of the contract itemized as follows: Labor Category Hours Billed Cumulative Rate Total Hours Billed (2) Fringe Benefits. This represents fringe benefits applicable to direct labor and billed as a direct cost. Where a rate is used indicate the rate. Fringe benefits included in direct labor or in other indirect cost pools should not be identified here. (3) Contractor-acquired property ($50,000 or more). List each item costing $50,000 or more and having a life expectancy of more than one year. List only those items of equipment for which reimbursement is requested. For each such item, list the following (as applicable): (a) an item description, (b) manufacturer, (c) model number, (d) serial number, (e) acquisition cost, (f) date of purchase, and (g) a copy of the purchasing document. (4) Contractor-acquired property (under $50,000), Materials, and Supplies. These are equipment other than that described in (3) above, plus consumable materials and supplies. List by categ-ory. List items valued at $1,000.or more separately. Provide the item number for each piece of equipment valued at $1,000 or more. (5) Premium Pay. This enumeration in excess of the basic hourly rate. (Requires written approval of the Contracting Officer.) (6) Consultant Fee. The supporting information must include the name, hourly or daily rate of the consultant, and reference the NRC approval (if not specifically approved in the original contract). (7) Travel. Total costs associated with each trip must be shown in the following 74 of 93

format: Start Date From To Destination From To N RC-HQ-84-16-C-0001 (Must include separate detailed costs for airfare, per diem, and other transportation expenses. All costs must be adequately supported by copies of receipts or other documentation.) (8) Subcontracts. Include separate detailed breakdown of all costs paid to approved subcontractors during the billing period. (9) Other Costs. List all other direct costs by cost element and dollar amount separately.

p. Indirect Costs (Overhead and General and Administrative Expense). Cite the formula (rate and base) in effect in accordance with the terms ofthe contract, during the time the costs were incurred and for which reimbursement is requested.
q. Fixed-Fee. If the contract provides for a fixed-fee, it must be reimbursed as indicated in the contract. Cite the formula or method of computation. Include this.information as it applies to individual task orders as well.

(1) The NRC will withhold payment of 15% of the negotiated contract fixed-fee amount, not to exceed $100,000. (2) If the fee withholding amount has reached $100,000, the contractor may resume billing the NRC for the balance of its fee under subsequent invoices for work completed. (3) Any fee amounts withheld by the NRC will be paid to the contractor during contract closeout in increments, following the submission/settlement of indirect rate proposals in accordance with FAR 52:216-8, "Fixed Fee" (JUN 2011 ).

r. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.
s. Adjustments. Insert columns for any adjustments, including outstanding suspensions for

. deficient or defective products or nonconforming services, for the current and cumulative periods.

t. Grand Totals.
3. Sample lnvoiceNoucher Information Sample lnvoiceNoucher Information (Supporting Documentation must be attached)

This invoice/voucher represents reimbursable costs for the billing period from __ through __ 75 of 93

(a) (b) (c) (d) . (e) (f) NRC-HQ-84-16-C-0001 Amount Billed Current Period Cumulative Direct Costs (1) Direct labor (2) Fringe benefits (% of direct labor) (3) Government property ($50,000 or more) (4) Government property, Materials, and Supplies (under $50,000 per item) (5) Premium pay (NRC approved overtime) (6) Consultants Fee (7) Travel (8) Subcontracts (9) Other costs Total Direct Costs: Indirect Costs (provide the rate information applicable to your firm) (10) Overhead %of (Indicate Base) (11) General and Administrative (G&A) _ of (Indicate Base) Total Indirect Costs: Fixed-Fee: ( 12) Fixed-Fee Calculations:

i.

Total negotiated contract fixed-fee percent_ and amount$ ___ ii. 85% allowable fee amount $ ---- iii. Cumulative fee billed on prior invoices $ ___ iv. Fee due this invoice (not to exceed 85% of fee earned based upon negotiated contract fee percentage) $ ___ Note: The fee balance withheld by NRG may not exceed $100,000. Total Amount Billed Adjustments (+/-) Grand Total Total Fixed-Fee: (The invoice/voucher format provided above must include information similar to that included below in the following to ensure accuracy and completeness.) SAMPLE SUPPORTING INFORMATION 76 of 93

NRC-HQ-84-16-C-0001 The budget information provided below is for format purposes only and is illustrative. Cost Elements:

1)
2)
3)
4)
5)
6)

Direct Labor - $2,400 Labor Hours Cumulative Category Billed Rate Total Hours Billed Senior Engineer I 100 $14.00 $1,400 975 Engineer 50 $10.00 $ 500 465 Computer Analyst 100 $ 5.00 $ 500 320 $2,400 1,760 hrs. Fringe Benefits - $480 Fringe @ 20% of Direct Salaries Labor Fringe Category Salaries Amount Senior Engineer I $1,400 $280 Engineer $ 500 $100 Computer Analyst $ 500 $100 $2,400 $480 Government-furnished and contractor-acquired property ($50,000 or more) - $60,000 Prototype Spectrometer - item number 1000-01 = $60,000 Government-furnished and contractor-acquired property (under $50,000), Materials, and Supplies - $2,000 10 Radon tubes@ $110.00 6 Pairs Electrostatic gloves@ $150.00 Premium Pay- $150 = $1,100 = $ 900 $2,000 Walter Murphy-10 hours@ $10.00 Per Hour (Reg. Pay)= $100 x 1.5 OTrate = $150 (EX: Premium pay for this individual was approved and authorized under this contract by the NRC Contracting Officer by letter dated.6/1/2011.) Consultants' Fee - $100 Dr. Carney-1 hour fully-burdened @$100 = $100

7)

Travel - $2,640 (i) Airfare: (2 Roundtrip trips for 1 person @ $300 per r/t ticket) 77 of 93

N RC-HQ-84-16-C-OOO 1 Start Date 4/1/2011 7/1/2011 End Date 4/7/2011 7/8/2011 Days From 7 Philadelphia, PA 8 Philadelphia, PA (ii) Per Diem: $136/day x 15 days = $2,040

8)

Subcontracting - $30,000 Company A Company B = $10,000 = $20,000 $30,000 To Wash, D.C. Wash, D.C. Cost $300 $300 (EX: Subcontracts for Companies A & B were consented to by the Contracting Officer by letter dated 6/15/2011.)

9)

Other Costs - $5,100 Honorarium for speaker at American Nuclear Society conference = $5,000 Nuclear Planet Journal subscription fee = $100

10)

Overhead Expense - $41,148 Overhead @ 40% of Total Direct Costs

11)

General and Administrative (G&A) Expense - $22,784 G&A @ 20% of Total Costs, excluding subcontracts and consultants

12)

Fixed-Fee - $8,218 Fixed-Fee applied to Total Costs@§% Fixed-Fee Calculations:

i.

Total contract fixed-fee $100,000 ii. 85% allowable fee $85,000 iii. Cumulative fee billed on prior invoices $85,000 iv. Fee due this invoice (not to exceed 85% of fee earned based upon negotiated contract fee percentage) $8,218 Total Amount Billed Adjustments (+/-) Grand Total $175,020 $8,218 $166,802 78 of 93

NRC-HQ-84-16-C-0001 J.2 PERFORMANCE REQUIREMENTS

SUMMARY

MATRIX Performance Objective and Standard Acceptable Quality Method of Reduction From Level (AQL) Surveillance Invoice if AQL is Exceeded Staffing of Fitness Center in accordance 100% compliance Contractors 100% with the requirements in the Management will Corresponding Performance Work Statement. document in a Hourly Rate monthly compliance report The contractor shall make an offer to 100% compliance Contractors Overall 2% an individual and submit them to start Management will monthly NRC's badging process to document in a deduction permanently fill one of the key monthly compliance . personnel positions within a month report after a position becomes vacant. J.3 Fitness Equipment Strength Equipment NRC ID# Cybex Row and Rear Delt 57404 LifeFitness Chin/Dip 33666G LifeFitness Ab Bench 33667G Gravitron 57426 PowerSystems Punching Bag 33665G Detecto Scale(Testing Room) 51221 Flex-Tester(Testing Room) 51368 Cybex Leg Press 57396 Cybex Leg Curl 57398 Cybex Leg Extension 57397 Cybex Chest Press 51932 Cybex Lat Pulldown 57399 Cybex Smith Machine 57394 Life Fitness Dual Adjustable Pulley 85794 Cybex Back Extension 58721 Hammer Strength Half Rack No Tag Cybex Sit-Up Bench No Tag Cybex Adjustable Bench No Tag 79 of 93

Cybex Vertical Seat Cybex Adjustable Incline Bench Cybex Flat Bench Bosu Ball 3-Balance for Fitness for Life Boards 2-EZ Bars 2-Olympic Straight Bar 10- 451b Plates 4-35 lb Plates 6-251b Plates 10- 101b Plates 9-Sib Plates 5-2.5 lb Plates 2-101b Bumper Plates DB 1001b Metal DB 951b Metal DB 851b Metal DB 751b Metal DB 701b Metal DB 651b Metal DB 601b Metal DB 551b Metal 2 pairs DB SOlb Metal 2 pairs DB 451b Metal 2 pairs DB 401b Metal 2 pairs DB 351b Metal 2 pairs DB 301b Metal 2 pairs DB 251b Metal 2 pairs DB 201b Metal 2 pairs DB 151b Metal 2 pairs DB 101b Metal 2 pairs DB Sib Metal 2 pairs DB 121b Metal 2 pairs DB Bib Metal 9.5 Pairs DB 101b Rubber/ Foam 10 Pairs DB Bib Rubber/ Foam 12.5 Pairs DB Sib Rubber/Foam 6 Pairs DB 31b Rubber/Foam 9 Pairs DB 21b Rubber/Foam 9 Pairs DB 1 lb Rubber/Foam 4.5 Pairs DB 121b Rubber/Foam 2 White Foam Rollers 1 White Half Foam Roller No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag no DB found one pair 10 pair 15 pair 9 pair 9.5 pair 10 pair 4 pair NRC-HQ-84-16-C-0001 80 of 93

Blue Foam Roller 2-Small American Stretch Mats 2 Medium American Stretch Mats Large Stretch Mat 2-Lat Pulldown Bars Lat Pulldown Bar Wide Neutral Grip Lat Pulldown Bar Narrow Neutral Grip Lat Pulldown Bar Normal Neutral Grip Pulley Straight Bar Pulley EZ Bar 2-Tricep Pulldown Rope 2-Short Single Pulley Grips 2-Long Single Pulley Grips Long Dual Attach Pulley Bar 2-V Pulley Bars Weight Chain Belt Pair of York Sib Clips Pair of 2.Slb Clips 3 pairs of Regular Clips Squat Neck Pad 6-Weight Belts 3-Add-on Weight plates 4-DB Plate Mates 0- Sib Power System Med Ball 2-lOlb Power System Med Ball SPRI 201b Med Ball 6-CAP Med Balls-2,4,6,8,10,12 1-SPARQ 5 kilo Med Ball 1-Miscellaneous Med Bal-9 lb 10- Kettlebells - 5,10, 5,20,25,30,35,40,45,50 1-TRX suspension trainer 1-Rip:60 suspension trainer leg curl/extension 2-TRX Multimount 8-TRX Suspension Trainer No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag No Tag 92949 No Tag No Tag 1 5 4 2 2 NRC-HQ-84-16-C-0001 81 of 93

r: __ _ l

~

~* I.1. 1-1 . -*.... -- ---*---.--**-.....,-.-*,_...,_........,................ ~........ _.,.___,,,~ ***- ********- *-----,--.---... --... -~--* "'\\*

i* :~**.

_-.,Ii. ~* P_RIVA9YA~'f STATEpt'. ;_ -* *. .... :, --~-- .-~ a;turnwint to 5 U.S.C. 5528(e)(3), enacted into law by Section.3 of the Privacy Act. of 1974 (Public Law 93-579). the following statement is furnished to individuals_ who supply information to the Nuclear Regulatory Commission (NRC) on NRC Form 681 and NRC Form 681A. This information is maintained in a sYStem of records designated as NRC-44 and described at 77 Federal Register 67236 (November 8, 2012), or the most recent Fedeml Reglslsr publication of the NRC's Republication of Systems of Records Notices which is localed in NRC's Agencywide Documents Access and Management System (_ADAMS).

1. AUTHORITY: 5 U.S.C. 7901: Executive Order 9397. as amended by Executive Order 13478.
2. PRINCIPAL PURPOSE: To apply for membership al the NRC Fitness Center by providing personal and medical history information.
3. ROUTINE USE(S): Information in this system of records may be disclosed to the mdividual listed as an emergency contact. in the event of an emergency. and to NARA or GSA for records management Inspections conducted under 44 U.S.C. 2904 or 2906. Information may be disclosed in accordance with any of the Routine Uses fisted In the Prefatory Statement of General Routine Uses, including to an appropriate Federal, State. local or Foreign agency in the event the information indicates a ~iolation or potential violation of law; in the course of an administrative or judicial proceeding; to an appropriate Federal, State, local and foreign agency to the eKtent relevant and necessary for an NRG lfeclslon about you or to the extent relevant and necessary for that agency's decision about you: in the course of discovery under a proteclive order issued by a court of c.ompetent jurisdiction, arid in presenting evidence: to a Congressional office to respand to their inquiry made at your request; to NRC-paid eJCperts. oonsultants, and others under contract with 1he NRC, on a need-to-know basis; or to appropriate persons and entities for purpases of respanse and remedial efforts In the event of a suspected or confirmed breach of data from this system of records. These disclosures are in addition to the disclosures permitted under subsection (b) of the Privacy Aa..
4. WHETHER DISCLOSURE IS MANDATORY OR VOLUNTARY AND EFFECT ON INDNIDUAL OF NOT PROVIDING INFORMATION: Disclosure is voluntary. However, if the requested information is not provided membership to the fitness center may be denied.

5 SYSTEM MANAGER AND ADDRESS: Manager. Employee Assistance and Wellness SB1Vices. Office of the Chief Human Capital Officer, U.S. Nuclear Regulatory CommiSsion. Washington, DC 20555-0001.

d**

CAROIOVA~ULAR RISK FACTORS """"""'*-*-Nar*.,111mor.ao11,au..... 1WDar._.ofll>*-rln-.-*mani,,1M ..,....,..,aci!Mb 1n _._ **wcia,. 11,.,.. woukl liu to pa,tlc1!,lta 1n.,_.......... wuu _... nNd, .......... """,ov, doctur.

  • Are you a woman over 55 or a man over 46?
  • Has a parent or slll!ing had a heart attack before 55?
  • Are you currently a clgarelle smoker?
  • Is your blood pressure >140/90?
  • Is your cholesterol >200?
  • Do you have diabetes?
  • Ir so, are you insulin dependent?
  • Are you sedemary? (Do you Iii! all day With no nigular exercise or recre8tlonal pumiits?)
=:J Yes

[:Yes_ =:) Yes Qves D Yes nves ......J =:J Yes =:J Yes SIGNS AND SYMPTOMS SUGGESTIVE OF CARDIOPULMONARY DISEASE lfroubl.. c..__,.,.... _,1111,.....,._,..,,...tu.-. _ _.._..,.. __ lfU. ,111..... ~---**--., ......,--*-*-e. Have you eJCperienced any of the following?

  • . Pain, discomfort in cheat. neck, JIIW, o, arms.

=:J Yes i'No ~

  • Shortneu of breath at ild exertion or rest L_jYei.

I ;Nil

  • Dizzir,er.&.

0Yes '.] No

  • Ankle sweUing.

0Yes :]No

  • Palpitations or rapid heart beat

~ Yes LJNO --1

  • Paln in legs while walking.

eves :J No

  • Known heart murmur.

IJ Yes []No NOTES EVIDENCE OF CARDIOPULMONARY DISEASE NOTES lf,...111... -... nyDIIM--..ceotcaNllapufflOMl)'d-.,..... w.-.-.......,_.. Have you had any of the follcwing?

  • Heart Al1,11:k
  • Stroke
  • cardiac: Surgery
  • EmphyHma
  • Has a doctor ever diagnosed you wilh coronary disl!ase or heart trouble?
  • Ale you aware through your own expenence or a doclor's alivice of any physical reason that would prghiblt you from exercise without medical supe1"111sion?

[:Yes r, Yes.

  • jves
J Yes
----) Yes JYes "No If n11c11Mary, do -

have your pennillslon to fax a medical release to your doctor? .. ~-.. ;~ ,l** ... ~**,..

--, Yes

,*.---..-,,*~*-.---*:----.---**-r*_..,..------*.-*-*--M-W....,...,------*~-*--*--""'*'-'".. I*

  • II'*..

,~.. -

1.

NRC FORM A1',* 102-201:11 -,... ~--... _-_ *.* ---.-~WRREGUlA7:.;,_-tY.~ISSIO* ~ESSCENTER INFORMED CONSENT Thank you for choosing to use the Jacilltias, servi~ or_p?Q,Qrams of the NRC Fitness Centef and NRC's Fitness Center Contractor. We request your understanding and:cooperation in maintaining both you.r i,lnd our safety and health by reading and signing the following informed consent-agreement and release of liability.*

  • I,

, declare that I intend to use some or all orthe activities, facilities. programs; and services offered _by the NRC Fitness Center and NRC"s Fitness Ceritefs Contractor and understand that each person. (myself included), has a different capacity for participating in such activities. facilities. programs, and services. I am aware the! i.411"'3':tMties. services.and programs offered are either

  • educallonal, recreational, or self-directed in nature. i assume full responsibility, during and after my J)llrticipation, for my choices to use or apply, at my own risk, any portion of the information or inst.ruction I receive.

I underB!and that part of the nsk involved in undertaking any activity or program is relative to my own state of fitness or heallh.(physical, mental,-or emotional) and to the awareness. care. and skill with which I conduct myself In that activity or program. I acknowledge that my choice 10 participate in any activity. service, and program of the NRC Fitness Center and NRC's Fitness Center Contractor brings with lt my assumption of those risks or resulls stemming from lhis choice and the fitness, health, awareness, care, and skill that i possess and use. I understand and am aware that strength, flexiblllty, and aerobic exercise, includfng the use of equipment, is a potentially hazardous activity. t also 11nderstand that fitness actlvlties Involve a risk of injury and even death and that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers. involved. I hereby agree to expressly_ assume and accept any_ and all risks of injury or death Please Initial, ___ _ I recognize that by participating in the activities. facilities, programs. and services offered by the NRC Fitness

  • center and NRC's Fitness Center Contractor. I may experience potential health risk such as transient light-headedness, falntlng,_abnormal blood pressure, chest discomfort, leg cramps, nausea and ve,y rare incidence of heart attack which could.lead to death, and that I assume willfully those risks. I acknowtedge my obligation toimmediately inform the nearest supervising employee or any pain, discomfort. fatigue, or any other symptoms that I may suffer during and-immediately after my participation. I understand that I may stop or delay my participation in any aC1ivity or procedure if I so desire. I may also be requested to stop and rest by a supervising employee who observes any symptoms of _distress or abnormal response.

I understand that I may ask any questions or request further explanation or information about the activities, facilities, programs, and services offered by 1he NRC Fitness Center and NRC's Fitness Center Contractor at_ any time before. during, or after my participation. In consideration of gaining membership or being allowed to participate in the activities and programs of the NRC Fitness Center and NRC's Fitness Center Contractor and to use its facilities, equipment'. and machinery in addition to the pc1yment ofany.fee or charge, I do hereby waive, ~lease and fore11er diseharge the NRC Fitness Center and its officers, agents, employees. representatives, executors, and all others from any and all responsibilities or liability for injuries or dar:nages resuHing froin my participation in any activities or my use of equiprnentor machinery in the above-mentioned facilities or arising out of my participation in any activities at said facmty. I do also hereby release aH of those mentioned and any others acting upon their behalf from any responsibllity or" liability for any injury or damage to myself, Including those caused by the negligent act or omission of any of those mentioned er others acting on their behalf or in any way arising out of or connected with my participation in any activities of the NRC Fitness Center'and NRC's Fitness Center Contractor or the use of any equipment at the NRC Fitness Center Please_ Initial

  • I declare lhat I have read, understood and agree to the contents of this informed consent agreement and release of liability in iis entirety.

Sigoal...... -- r-- lo..

IF' ~. ,II 111... . l, ~,,,.. . {_~C'5AR IIEGULAJO!n' COIIIIISSION '.' .'1'f ~""l't"' :,48ic>FllNESS CENTER ~ IIIEMSERSHiP ~Pl;ICATION All Information~ ~*confidential C~tinuedJ !EVIDENCE CF CARDIOPULMONARY DIS~SE H1111e you experienced any of lhe fullpwjng? -~~- -

  • Mhritis.
  • AsU,una.
  • Recent Hospltalizaticn/Surgery.
  • Hernia.
  • Back/Neck problllrTI,
  • Seizures.
  • Allergies IM'lat are they? I
  • Are you pregnant?

Wllat is your due date?: =i ,,.. '*CURRENT MEDICATIONS D Yes 0No 0 Yes 0No D Yes QNo 0.Yes l_l No [j Yes* 0 No 0Ves 0.No f': Yes ; No L_J Yes ;No I

  • PURPOSE CURRENT*PHVSICA:l:.*ACT.IVITY..

Card1ovascu1ar (20 minutes or more per day) ReSistance weight Trairung A!ly exerose ~mitations? If Yes. explain below l.lm~aliono , i Yes ,.1 No No. ol Days Per Week L_:

J Yes j No No. of Days Per Week, LJ

=:J Yes ~ No

  • -.*,. *. -.~ ** : * * :

i * *

  • ~F.ITNESS:GOA'l.'S\\(chec~lhthatil!lpply),. :*.'. :,, :.. *
      • i.;
        *,
  • C Weigh! loss.

D Muscle buQding I' Healthy Back 0 lmprov11 overall health status D Reduce stress/have fun r===i Quit smokmg clilss [j Sport specific condiUoning D Rehabifi[Blion CJ Body sailpbng C Other (Specify),------__;=----- J l_J. Flexibility . *. ~"~:~.~*.;;.~_..: __, ~:.~,~"'~;~.,.:~'..; ~: *. -~*.-i,* :*~.k~i*.: *. **~ll4CERililt;ICA~IONj.lf:i:}j.,.~:~:=1-~**i:... :.t~~*.-:~ *:.*~. )"*.: :,-!.i.t~:.;*.r~::-:_t* **l,.**. ~J I certify that I ha11e c:ompleted the Health History.Questionnaire to the besfofmy,knowledge ana have provided all 111formati0n ir\\ full. I ncognlze the Importance of updaUng my medical hilltory fonn Immacllately by notifying a. member of the fltne!lll 11tllff If thare are any chan11111 to my rnadlcal history, including, hut not limited to. recent surgenes, pregnancy, any iloctor'e, rl!Cl)mrnendalioll$ c;on~mmg phy6ical ac!Mty and any diagnosis of cardiovascular problems (SUCI\\ as tligh blood pre&sure. high choleSlerol. anCI diabetes): ICON "lt<>d*rat. ba,cla*: an in....,.a, we11 ori!l>,n 1119-uar,....ant~* one wl"lieh can D& comlonably 9us.-eci IOI a pri,Jonge4 penoc1 ol!lme (GO rruniasJ.-ha* a grlldllal inlliaboP "' progrwHlan and io (II!.......,. ponc:on,patlt;,,.,. h i,r,'rnaai:ul!ld a. 4~.otvoama *. ~~70% of Me-liean Rate. ana 12-13 Rote ol P~ E- "Vigora1111 E*RalN: an,nlensily lha1 rapre1enrs

  • IUbslantial caftloap,rato,y Cllll!eng&or ifH,_

,n l:itigue wlhn 20 mmutet. 11 cs mea""811 as *60% V02m.K. 7o+'II. of "111......,, ttean Rat&. **d "*20 f11111 of P..-- Exmion "Soun:e ACSM's Gu-lar ~ara.. TN'"'9 Incl f'~n litn Elllbon, 2000 THI$ INFORMATION ~* CONFIDENTIAL IT WlU. BE MAINT~INED 1ft A LOCKED fLE IN THE F1TNESS CENTER. -*

Attachment.2 PRIVACY ACT STATEMENT NRC FORM 682 REGIONAL ANO REMOTE EMPLOYEE FITNESS SERVICES REGISTRATION AND REIMBURSEMENT FORM Pursuant to 5 U.S.C.. 552a(e)(3). enacted into law by Section 3 of the Privacy Act of* 1974 (Public Law 93-579), the following statement is furnished to individuals.who supply information to the Nuclear Regulatory Commission (NRC) on NRC Form 682. Th.is information 1s maintained,n a system of records designated as NRC-44 and described at 77 Federal Register 67236 (November 8;*2012}, or the most recent Federal Register publication of the NRC's *Reput:>lication of Systems of Records Notices" located in the NRC's Agencywide Documents Access and ManagementSystem (ADAMS).

1. AUTHORITY: 5 U.S.C. 7901; Executive Order (E.0.~9397. as amended by E.O. 13478.
2. PRINCIPAL PURPOSE: The Regional and Remote Employee Fitness Services Registration and Reimbursement Form is used to determine whether regional and remote employees are authorized to rec.eive.reimbursement for qualifying fitness services
3. ROUTINE USE(S): Information in this system o1 records may be disclosed to the individual listed as an emergency contact. in the event of an emergency. and to NARA or GSA for records management inspections conducted under 44 U.S.C. 2904 or 2906 Information may also be disclosed to an appropriate Federal. State, local or foreign agency in the event the information indicates a violation or potential violation of law and in the coorse of an administrative or judicial proceeding. In addition, this information may be transferred to an appropriate Federal. State; local and foreign agency to the extent relevant and necessary for that agency orfor the NRC to make a determination regarding your eligibility for this benefit. Information from this system may also be disclosed.,n the course of discovery under a protective order issued by a court of competent jurisdiction. and m presenting evidence. to a Congressional office to respond lo their inquiry made at your request. or to NRC-pa,d experts. cohsultants. and others under contract with the NRC.

on a need-lo-know basis. These disclosures are in addition to the disclosures permitted under subsection (b) of the Privacy Act

4. WHETHER DISCLOSURE IS'MANOATORY OR VOLUNTARY AND EFFECT ON JNDIVIDUAL OF NOT PROVIDING INFORMATION: Disclosure. is voluntary. If the requested information 'is not provided. a refund of prepaid membership dues may not be authorized and you may be unable *to participate in the NRC fitness subsidy program
5. SYSTEM MANAGER AND ADDRESS: Employee Assistanc~ Program Manager, Office ofChief Human Capital Officer. U,S Nuclear Regulatory Comm1ssio11. Washington. DC 20555-0001.

NRCFORM6112 IOS-2D>41 U.S. NUCLEAR REGULATORY COMMISSION NRC FORM 682. REGIONAL AND REMOTE EMPLOYEE FITNESS SERVICES REGISTRA TJON AND REIMBURSEMENT FORM The NRC Fitness Services contract a one-year contract 'Nith four option years. provides for a subsidy for fitness facility membership to interested employees. The fitness program runs on a contract year basis and will continue as long as the contract JS funded If you wish to participate in the fitness program, you may JQ1n a suitable fitness facihW.and lhl! NRC will subsidize 50. percent of you(annual membership dues. not lo exceed $200 00.per contract year, and excluding.any processing fee and/or costs associated with service upgrades. Fitness facilities selected must be or sufficient size to enable employee members.to get a complete strength and cardiovascular workout within a reasonable time. approximately 60 minutes. The. facility should provide bona fide preventative health program services and activities. such as: screening and health risks. cardiovascular endurance equipment and activities. muscular*strength and endurance equipment and. activities. flexibility equipment and activities, equipment onentations,.fitness evaluations, and exercise plans. The facility should ta~e appropriate precautions for reducing the risk of injury. Also, the NRC will take into account that the facility is the most appropriate. convenient, and cost effective fitness facility available m,the geographical area for the employee You will be reimbursed directly by the NRC Fitness Services contractor, upon their receipt of proof of membership. proof of payment of dues. and a completed reimbursement form Reglslration ln*the Fitness Program

  • Negotiate an agreement based on a basic Individual membership. If you choose. to upgrade your fitness services.

the agreement must clearly state the cost of an individual membership. upon which your reimbursement will be based.

  • Establish.with the fitness fac1lrty a payment plan for.annual dues which best suits your needs. Please note that you must complete the &-month or 12-month penod before submitting the re1mbursemenl:request. Reimbursement checks will be issued on a semi-annual or annual basis. you will be asked to indicate*your*chorce on the rE!gistration form.
  • Complete Step 1 and Step 2 of the Fitness Center Reg1strat1on and Reimbursement Form (Page 2) and submit,i
  • IO your Regronal'F1tness Ser.trees POC for approval.

Select your office below: (Use Tab Key to navigate through the pdf Use keyboard up and down arrows to see choices in drop down lists) Select Ymir Office... Note. you can either mail or email your Registration and Reimbursement Form to your Regional Fitness Services POC: If

  • you choose to mail in your form, make sure you note on the submission envelQpe "To Be Qpened by. Addressee Only. 1' Relrnbu~ement Procedure
  • Complete Step 1 and Step 2, of tne Fitness Center Registration and Reimbursement Form (Page 2). al whatever inteival you have chosen (semi-.annually, or annually). and send it along with vour proof of payment (copy of.

canceled check, credit canheceipl, or credit card statement) to your Regional Fitness Services POC for ~pproval Please remember that a copy of your Member~h1p Agreement with the fitness facility must be submitted as well to receive reimburse1Y1ent.

  • CancellaUon or Termination of Membership
  • Because your agreement is with the filness facility and nonhe NRC, you would be expected to comply with the facilitts cancellation and termination policies. and you should clarify those whenjoining.
  • If you choose tOi terminate your membership for personal reasons. you would be responsible for any costs incurred.

~RCFORMQ2 U.!I. NUCLEAR REGULATORY COMMISSION ,00.201<; lh:I \\ \\.~i NRC FORMl82 REGIONAL-AND REMOTE EMPLOYEE FITNESS SERVICES REGISTRATION AND REIMBURSEMENT FORM E mp,oyoe licme AOClress 1Num1JOr SlrNI C,ty ano Zip Coae; Sclcc1 Your Ollke Name al F<1n11S1 Faa111y ~mpiay~ L~t,on !O'&oal CMy S1a1,onr $..__l _______. Re,mbu=ment P~nco R"'l-11"11 rMM/00/YYVYJ Total Fitness Facility Fee: S1a11 Cate C"J - Eno Dill~,-----, I wish to be reimbursed. 0 Annually ~ Semi-annually Note: NRC subsidy is 50% of annual membership fee, not to exceed $200 per year. I have completed the required 6 month or 12 month period at the Fitness facility. I have attached proof of payment (copy of cancelled check, credit card receipt or credit card statement).* [.'. A copy of my Fitness facility Agree0~t is already on file with TBD.

I Attached is a copy of my Fitness Facility Agreement.

L NOTE: Payment will not be made wirhour both of these documents. Employ~'s_Typed First and Last Name lnd1cates Electronic Signature Employee Signature Date* 1.. _________ -----.. ---~~~=~.-------------- -----* --- ----- *1 r----- ----- . STOP HERE AND SAVE THE COMPLETED FORM TO YOUR COMPUTER. YOU MAY CHOOSE TO PRINT YOUR REQUEST AND MAIL THE COMPLETED FORM (WITH THE APPLICABLE ATTACHMENTS) TO YOUR REGIONAL POINT OF CONTACT. OR YOU MAY E-MAIL YOUR REQUEST TO YOUR (POC) (AS INDICATED ON PAGE 1, UNDER SELECT YOUR OFFICEJ DONT FORGET TO ATTACH REQUIRED DOCUMENTS*

  • QUESTIONS: CALL YOUR REGIONAL FITNESS SERVICES POINT OF CONTACT Regional HR Representalive's Typed First and Last Name Indicates E!ectron,c Signature:

HR Represenlative Signature Oate: -~, J Forward for payment to: TBD TBD Accounting Initials: ----- Check Reimbursernent #: OR Email to: TBD OR Fax to: TBO Date Issued: PRIVACY ACT STATEMENT NRC FORM 883 REGIONAL AND REMOTE EMPLOYEE FITNESS SERVICES, REGISTRATION ANO REIMBURSEMENT FORM FOR SPECIAL CIRCUMSTANCES Pursuant to 5 U.S:C. 552a(e)(3). enacted into law by Section 3 of the Privacy Act of. 1974 (Public Law 93-579); lhe following statement*is furnished to individuals who supply information to the Nuclear Regulatory Commission (NRC) on NRG.Form 683. This information is maintained in*a system of records designated as NRC-44 and described at77 Federal Register 67236 (November 8, 2012). or the most recent Federal Register publication of the NRC's *Republication of Systems of Records Notices" located in the NRC's Agencywide Documents Access and Management System (ADAMS).

1. AUTHORITY:.5 U.S.C. 7901: Executi11e Order (E.0.) 9397.as amended by E.o*. 13478'
2. PRINCIPAL.PURPOSE: The Regional and Remote Employee Fitness Services Registration and Reimbursement Form for Special Circumstances is used to determine whether regional and remote employees are authorized to receive reimbursement for qLJalifying fitness services in special circumstances.
3. ROUTINE USE(S): Information in this system of records may be disclosed 1o the individual lis1ed as an emergency contact. m the event of an emergency. and to NARA or GSA for records management inspections conducted under 44 U.S.C. 2904 or 2906. Information may also be disclosed to an appropriate Federal. Stale. local or foreign agency in lhe event the information indicates a violation* or potential*violation of law and in the course of an administrative or judicial proceeding. In addition, this il'.lformation may be transferred to an appropriate Federal, S1ate, local.

or foreign agency lo the extent relevant and necessary for that agency for the NRC lo make a determination regarding.your etigibili1y for this benefit Information from this system may also be disclosed, in the course of discovery under a protective order issued by a court of competent jurisdiction. and in presenting evidence. to a Congressional office to respond to their inquiry made at your request,.or to NRC-paid experts. consultants. and others under contract with the NRG, on a need-to-know basis. These disclosures are in addition.to.the disclosures permitted under subsection (b) of the Privacy Act

4. WHETHER DISCLOSURE IS MANDATORY OR VOLUNTARY AND EFFECT ON INDIVIDUAL OF
  • NOT PROVIDING INFORMATrON: Disclosure is voluntary. If the requested information is not provided a refund of prepaid membership dues may not be authorized and you may be unable to participate*in the NRC fitness subsidy program.

S. SYSTEM MANAGER ANO ADDRESS: Employee Assistance Program Manager, Office of Chief Human Capital Officer. U S Nuclear Regulatory Commission. Washington, DC 20555-0001. I

NRCFORM683 ":1'6-}D'*l NRCFORM683 U.S. NUCLEAR REGULATORY COMMISSION REGIONAL AND REMOTE EMPLOYEE FITNESS SERVICES REGISTRATION AND-REIMBURSEMENT FORM FOR SPECIAL CIRCUMSTANCES _ This form is for Regional or rernote lntems working for 3 months or less. or for NRC employees on rotation at a Regional Office for 5 months or less, or for NRC employees who are already participating in th~ fitness subsidy program whose employment is terminated before completing their semi-annual or annual membership. The NRC Fitness Services contract. a one-year contract with.four options years. provides for. a subsidy for fitness facility membership to interested employees. The fitness program runs on a monthly basis and will co_ntinu_e as long as.the.contract is funded. If you wish to participate in the fitness program_ you may join a suitable fitness facility and the NRC will subsidize-so percent of your membership dues. not to exceed S34.00 (2 months). $50.00 (3 months). $67.00 (4 months); or $83.00 (5 months) per contract. and excluding any processing fee and/or costs associated with ser-,ice upgrades. Fitness facilities selected must be of sufficient size to enable employee members to get a complete strength and cardiovascular workout within a reasonable lime. approximately 60 minutes The facility should provide bona fide preventative health program sen,,ices and activities. such as: screening and health nsks. card1ovas~lar endurance equipment and activities,.muscular. strength and endurance equipment and activities. flexibility equipment and act1v111es. equipment orientations. fitness evaluations. and eKercise plans. The facility should take appropriate precautions for reducing the risk of inJury *Also. the NRC will take into account that the facility is the most appropriate, convenient and-cost effective fitness facility available in the geographical area for the employee. You will be reimbursed directly by the NRC Fitness Services contractor. upon their receipt of proof of membership. proof of payment of dues. and a completed reimbursement form Registration In the Fitness Program

  • Negotiate an agreement based on a basic Individual-membership If you choose to upgrade your*fitness services.

the agreement must clearly state the cost of an individual membership. upon :which your reimbursement will be based.

  • Establish with *the fitness fac,hty a payment _plan for annual or monthly dues which best suits your needs -Please

.note that you must complete the 2-month. 3-month. 4-month: or s~month period before submrtting*the reimbursement request Reimbursement checks wil I be issued for a 2. 3. 4. or 5* month period. you will be asked.to indicate your choice on.the reg1stra11on form

  • Complete Step 1 and Step 2 of the. Fitness Center Reg1s1rat1on and Reimbursement Form (Page 2} and submit,t to your Regional Fitness Seni1ces POC for approval Select your office below:

(Use Tab Key to navigate through the pdf Use keyboard up and.down arrows lo see-choices 1n drop down lists) '°'clr,*t Vuur Offic~... Note. you can either mail or email your Registration and Reimbursement Form to your Regional Fitness Services POC If you choose to mail 1n your form. make sure you note on the subm1ss1on envelope *To*Be Opened by Addressee Only:* Reimbursement Pro1eedure

  • Complete Step 1 and Step 2 of the Fitness. Center Registration and Rermbursement Form (copy attached), at whatever interval you have chosen (2. 3, 4, or 5 months). and send 11 along with your proof of_payment (copy of canceled check, credit card receipt, or credit card statement) to your Regional Fitness Services POC for approval. Please remember that a copy or your Membership Agreement with the fitness facility must be sul:>mitted as well to receive reimbursement.

Cancellation or Termination of Membership

  • Because your agreement Is wilh the fitness*facility and not the NRC, you would be expected to comply. with the facility's cancellation and termination policies. and you should clarify those when joining.
  • If you choose to terminate your membership for personal reasons. you would be responsible for any costs incurred.

NRC FORM &83 r-* U.S. NUCLEAR REGULATORY COfillllSSION

oo-i~141

!~\\ NRC FORM 683 ~ ~ REGIONAL ANO REMOTE EMPLOYEE FITNESS SERVICES ~..... =' REGl5TRA.TION AND R~UR~EMENT FORM FOR SP~-~1'."AHCES Employee Home Acia.. s* (N~mber. su-Crly and Zip Coclel Sekel Your Ollici: i:.mplOJH ~-*an tOMdal Duty Sla~o~J Adllr*ss of ~,me** ~Dly (N..,.ber. Slroel. Cly and Zip Cade/ $.___I _ _ _. Re,m1a>=men1 PenoCI R.qua,~ng rMMIOOIVYYYI Total Fitness Facility Fee: Sl*lt Caie I I ~ Enll Dnte r------, I wish to be reimbursed: 0 2-Morrths [J 3-Months [J 4-Months [J 5-Months p-T,;.-' *, ::* ;*:~ :**: *-,;-:-*,- :.w- - -:-,**,u:,:::'.'-!';*:-- * *-

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~ _.,J Note: NRC subsidy Is 50% of annual membership fee, not to exceed $34 for 2 months, $50 for 3 months, $67 for 4 months, or $83 for 5 months. lJ [_J I have completed the required 2, 3,, or 5 month period at the Fitness Facility. I have attached proof of payment (copy of cancelled check, credit card receipt or credit card statement). A copy of my Fitness Facllity Agreement is already on file with TBD. OR r:..... \\ _ Attached is a copy of my Fitness Facility Agreement. NOTE: Payment will not be made without both of these documents. Employee's Typed First and last Name Indicates Electroruc S1gna1ure Employee S19n;alure Date

l. **---***---~~-~=-~=---:**--***. *-* ---- ***-.... ----. ---1

~ STOP HERE AND SAVE THE COMPLETED FORM TO YOUR COMPUTER. YOU MAY CHOOSE TO PRINT YOUR REQUEST AND MAIL THE COMPLETED FORM (WITH THE APPLICABLE ATTACHMENTS) TO YOUR REGIONAL POINT OF CONTACT. OR YOU MAY E-MAIL YOUR REQUEST TO YOUR (POC) (AS INDICATED ON PAGE 1, UNDER SELECT YOUR OFFICE) DONT FORGET TO ATTACH REQUIRED DOCUMENTS - - QUESTIONS: CALL YOUR REGIONAL FITNESS SERVICES POINT OF CONTACT Regional HR Representative's T~ped First and Last Name Indicates e1ectron1c Signature HR Representative Signature Date: Forward for payment to: TBD TBD Accounting Initials. ----- NRC C-OR"6 6111 :oe.2:,,, 4' _JI .QB. Email to: TBD OR Fax to: TBD Check Reimbursement#: ----- Date Issued: ----

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