ML18093B280
| ML18093B280 | |
| Person / Time | |
|---|---|
| Issue date: | 03/27/2018 |
| From: | Jerry Purcell Acquisition Management Division |
| To: | |
| References | |
| 0353180328, 31310018C0006 | |
| Download: ML18093B280 (37) | |
Text
1. REQUISITION NUMBER PAGE OF SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 NSIR-18-0043 1 37
- 2. CONTRACT NO. 3. AWARD/ 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION 31310018C0006/ EFFECTIVE DATE ISSUE DATE 0353180328
- 7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/LOCAL TIME INFORMATION CALL: JERRY PURCELL 301-415-7142
- 9. ISSUED BY CODE NRCHQ 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE: 100.00 % FOR:
WOMEN-OWNED SMALL BUSINESS US NRC - HQ SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED ACQUISITION MANAGEMENT DIVISION HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 519190 BUSINESS EDWOSB MAIL STOP TWFN-07B20M SERVICE-DISABLED X 8(A)
WASHINGTON DC 20555-0001 VETERAN-OWNED SIZE STANDARD: $27.50 SMALL BUSINESS
- 11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS 13a. THIS CONTRACT IS A MARKED RATED ORDER UNDER
- 14. METHOD OF SOLICITATION SEE SCHEDULE DPAS (15 CFR 700)
RFQ IFB RFP
- 15. DELIVER TO CODE NRCHQ 16. ADMINISTERED BY CODE NRCHQ NUCLEAR REGULATORY COMMISSION US NRC - HQ NUCLEAR REGULATORY COMMISSION ACQUISITION MANAGEMENT DIVISION WASHINGTON DC 20555-0001 MAIL STOP TWFN-07B20M WASHINGTON DC 20555-0001 17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE OFFEROR CODE NRCPAYMENTS See Schedule FISCAL ACCOUNTING PROGRAM ADMIN TRAINING GROUP AVERY STREET A3-G BUREAU OF THE FISCAL SERVICE PO BOX 1328 PARKERSBURG WV 26106-1328 TELEPHONE NO.
17b. 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 SEE ADDENDUM
- 19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT SMALL BUSINESS ADMINISTRATION 969960637 IMMERSIVE CONCEPTS LLC ATTN RUBIN SLOAN 11750 BELTSVILLE DR STE 120 BELTSVILLE MD 20705 4102628477 Delivery: 04/01/2018 Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
- 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
See schedule $295,563.30 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
- 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REF. OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED Kevin Roberts / COO 3/26/18 JERRY PURCELL 03/27/18 AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
2 of 37
- 19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Accounting Info:
2018-X0200-FEEBASED-11-11D002-11B206-6020-11-1-156
-2574-11-1-156-6020 Period of Performance: 04/01/2018 to 06/30/2018 32a. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. 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 COMPLETE PARTIAL FINAL PARTIAL FINAL
- 38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location) 42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS STANDARD FORM 1449 (REV. 2/2012) BACK
SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS B.1 BRIEF PROJECT TITLE WORK DESCRIPTION Secure Video Teleconference Development Support Services B.2 CONSIDERATION AND OBLIGATION FIRM-FIXED-PRICE (AUG 2011)
The total amount of the firm-fixed-price portion of this contract is $279,027.30. The obligation amount is $191,464.00.
B.3 CONSIDERATION AND OBLIGATION -- COST REIMBURSEMENT - NO FEE (AUG 2011) ALT I (AUG 2011)
(a) The total estimated cost to the Government for full performance under this contract is
$16,536.00.
(b) The amount obligated by the Government with respect to this contract is $16,536.00.
(c) This is a fully-funded contract and FAR 52.232 Limitation of Cost applies - travel.
The government will pay up to the rates specified in the Government Federal Travel Regulations (FTR) for travel destination. NO PAYMENT WILL BE MADE WITHOUT BACKUP DOCUMENTATION/RECEIPTS. *All travel must be approved in advance by the NRC Contracting Officer Representative.*
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B.4 PRICE SCHEDULE APRIL 1, 2018 TO JUNE 30, 2018 ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE NO.
0001 Project Manager (Hourly Rate =$150.12) 3 Month $11,133.90 $33,401.70 0002 VTC Engineer (Hourly Rate =$126.95) 3 Month $20,312.00 $60,936.00 0003 Enterprise VTC Subject Matter Expert 3 Month $23,212.80 $69,638.40 (Hourly Rate =$145.08) 0004 Cyber Security (Hourly Rate=$151.13) 3 Month $24,180.80 $72,542.40 0005 Junior AV Technician (Hourly Rate=$88.56) 3 Month $14,169.60 $42,508.80 TOTAL FIRM FIXED PRICE $279,027.30 ITEM DESCRIPTION QTY UNIT Est. PRICE Not To Exceed PRICE NO.
0006 Travel 1 Lot $16,536.00 $16,536.00 TOTAL CONTRACT PRICE $295,563.30 4
SECTION C. DESCRIPTION/SPECS/WORK STATEMENT C.1 TITLE OF PROJECT Secure Video Teleconference Development Support Services C.2 BACKGROUND The Office of Nuclear Security and Incident Response (NSIR) is designated as the owner of all Classified Computing at the NRC. The NRC is migrating to an Internet Protocol (IP)-based secure video teleconference (SVTC) transmission protocol. The NRCs current Integrated Services Digital Network (ISDN)-based transmission format is a technology being phased-out by NRC partners and no longer supported by SVTC manufacturers. Moving the NRC SVTC program to the agencys IP data network is required to facilitate successful video communication between the NRC and its counterparts.
This IP integration involves installation, configuring and hardening an assembly of NRC-procured video teleconference (VTC) equipment to operate within the NRC IP data network. This is a non-personal services contract to acquire support services for the NRCs Secure Video Teleconferencing (SVTC) program. Currently the NRC uses Integrated Services Digital Network (ISDN) to support SVTC at Headquarters and the four NRC Regions. This legacy technology reduces the agencys ability to effectively support and conduct SVTCs. Additionally, ISDN technology is outdated, no longer supported by SVTC manufacturers and being phased-out at the NRC.
C.3 OBJECTIVE The objective of this acquisition is to establish a mechanism for the NRC to procure support services to support the SVTC program.
C.4 SCOPE OF WORK The Contractor shall provide personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and not-personal services necessary to perform the requirements of this SOW.
C.4.1 Tasks/Services The contractor shall provide the personnel and services required to accomplish the tasks and deliverables described in this Statement of Work (SOW).
TASK 1: Develop Solution Design Report, Requirement Minimum Specifications Document and System Acceptance Test for New SVTC The Contractor shall design, install, configure, and secure one (1) SVTC Bridge and eleven (11)
SVTC endpoints operating within the agency approved Production Operations Environment 5
(POE) on a separate subnet/VLAN dedicated for secure traffic. The SVTC Bridge will be located at NRC Headquarters. The SVTC endpoints will be located at Headquarters and the Regional offices. The SVTC system must have systems in place to allow the transmission of data classified at the SECRET level. The system must be configured and secured to standards that will allow the NRC SVTC system to communicate with SVTC systems owned by federal partners. Once the new system is operational, technical support will be required to maintain the functionality and security of the system.
The Contractor shall consider the possibility of utilizing existing NRC owned SVTC IP equipment, if practicable, in the Solution Design Report and Required Minimum Specifications Document.
The Contractor shall collect a detailed level of data needed to develop a design solution specifically tailored to NRCs needs.
The Contractor shall develop a Solution Design Report, compiled of all assumptions and discoveries made throughout the project, to include:
- Summary of existing solution and expected solution. This includes both the user capabilities and the technical infrastructure.
- Detailed user experience and design. The user experience is designed based on the expected user capabilities. This section shall provide a high-level design for each of the approved calling scenarios.
- Integration technical requirements. This section focuses on the network integration requirements (ports & call flow diagram), the infrastructure integration requirements, security requirements, business application requirements and the IT application integration requirements.
- High & low level design. This solution design shall include naming conventions and directory services, H.323 topology (zones, topology, neighboring, and modes), SIP architecture, security (encryption, authentication, call and signaling policies), redundancy and fail over scenarios, reporting tools, and proposed baseline configuration for products.
The Contractor shall develop a Required Minimum Specifications (RMS) document and present it to the COR and their designees based on the recommended Solution Design Report. It shall be based on recent market research conducted by the Contractor and shall include performance/functional based commercial off-the-shelf specifications that can be met by two or more manufacturers (i.e., not brand-name based unless there are compatibility limitations that necessarily would limit options to only particular brand(s)) for hardware and software applicable Section 508 standards (see www.section508.gov), estimated cost for the NRC to procure the solution, and considerations and schedule to implement each solution. This RMS document shall also assess the viability of utilizing existing equipment (if practicable), as well as the NRC procuring entirely new equipment, or a combination of the two, and shall include a detailed cost/
benefit analysis of each option. All hardware, software and licenses will be procured by NRC outside of this contract. The Contractor shall assume that it will require 3.5 months from the time the Contractor presents the RMS document to the COR until the solution is procured and delivered to the NRC.
The Contractor shall develop a System Acceptance Test (SAT) Plan, an objective document that allows the NRC and the Contractor to determine if the solution meets the design 6
specifications and operates as intended by the original equipment manufacturer(s). It shall include baseline functions, capabilities and settings.
TASK 2: Legacy Telecommunications Support The Contractor shall provide resources to ensure the continuity of SVTC Operations between the legacy and IP Based SVTC Solution. This includes documentation, scheduling support, troubleshooting and maintenance to include Communications Security (COMSEC) updates, as well as the day to day operations of the current system. Task 2 support will only be necessary until the IP Based SVTC Solution is fully operational.
C.4.2 Deliverables Section # Deliverable Due Date Format Submit to C.4 Scope of 1. Solution Design NLT 3 months from Word COR via Work/Tasks Report contract start date Document email C.4 Scope of 2. Required NLT 3 months from Word COR via Work/Tasks Minimum contract start date Document email Specifications Document C.4 Scope of 3. System NLT 3 months from Word COR via Work/Tasks Acceptance Test contract start date Document email Plan C.5.1 MLSR 4. Monthly Letter 10th of each month Word CO/COR Status Report Document via email C.5.2 Final 5. Final Report 30 days prior to Word COR via Report contract expiration Document email C.4.3 Performance Standards (Legacy Support)
The Contractor shall perform work under this task in such a manner to ensure SVTC availability at 99% throughout the duration of this contract. SVTC availability will be evaluated by the COR each month using the monthly technical progress reports provided by the Contractor.
SVTC availability shall be defined as:
System operable time System operable time + system inoperable time The Contractor shall provide this calculation in monthly reports submitted to the COR within 10 days after completion of each month. The COR will verify the results against the system logs, independent inspection, periodic checks of reports and feedback from NRC response staff.
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C.5 REPORTING REQUIREMENTS C.5.1 Monthly Letter Status Report (MLSR)
The Contractor shall provide a Monthly Letter Status Report which consists of a technical progress report and financial status report. This report will be used by the Government to assess the adequacy of the resources proposed by the Contractor to accomplish the work contained in this contract and provide status of Contractor progress in achieving tasks and producing deliverables. The report shall include contract summary information, work completed during the specified period, milestone schedule information, problem resolution, travel plans, and a financial summary.
C.5.2 Final Report The Contractor shall provide a final report summarizing the work performed and the results and conclusions under this contract C.5.3 Solution Design Report The Contractor shall develop a Solution Design Report, compiled of all assumptions and discoveries made throughout the project, to include C.5.4 Required Minimum Specifications Document The Contractor shall develop a Required Minimum Specifications (RMS) document and present it to the COR and their designees based on the recommended Solution Design Report.
C.5.5 System Acceptance Test Plan The Contractor shall develop a System Acceptance Test Plan.
C. 6 SECTION 508 - ELECTRONIC AND INFORMATION TECHNOLOGY Adhere to Section 508 - Electronic and Information Technology Standards -
In December 2000, the Architectural and Transportation Barriers Compliance Board (Access Board), pursuant to Section 508(2)(A) of the Rehabilitation Act Amendments of 1998, established information technology accessibility standards for the federal government. Section 508(a)(1) requires that when federal departments or agencies develop, procure, maintain, or use Electronic and Information Technology (EIT), they shall ensure that the EIT allows federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by other Federal employees. The Section 508 requirement also applies to members of the public seeking information or services from a federal department or agency. Section 508 text is available at http://www.opm.gov/HTML/508-textOfLaw.htm or http://www.section508.gov/
The following standards are applicable to this contract/order:
Subpart B - Technical Standards 8
Software Applications and Operating Systems (1194.21)
Web-based Intranet and Internet Information and Applications (1194.22)
Telecommunications Products (1194.23)
Video and Multimedia Products (1194.24)
Self-Contained, Closed Products (1194.25)
Desktop and Portable Computers (1194.26)
Subpart C - Functional Performance Criteria Functional Performance Criteria (1194.31)
Subpart D - Information, Documentation, and Support Information, Documentation, and Support (1194.41)
EIT purchased under this contract/order must be accessible to persons with disabilities, unless otherwise stipulated in the contract/order. Any product replacements contemplated under this contract/order must be equally as 508 compliant as (or more compliant than) the original product purchased. Also, the Government reserves the right to conduct hands-on testing to validate contractor 508 compliance claims.
A Voluntary Product Accessibility Template (VPAT) shall be provided along with EIT deliverables submitted to the Government, if available.
C.7 RELEASE OF DATA The Contractor shall not release any data generated, gathered, or otherwise obtained during performance of this contract without prior written approval from the Contracting Officer (CO).
C.8 PLACE OF PERFORMANCE The Contractor shall perform the requirements of this contract primarily onsite at the below NRC locations One White Flint North (OWFN) Region I 11555 Rockville Pike 2100 Renaissance Boulevard Rockville, MD 20852 King of Prussia, PA 29406 Two White Flint North (TWFN) Region II 11545 Rockville Pike 245 Peachtree Center Avenue, NE, Suite 1200 Rockville, MD 20852 Atlanta, GA 30303 Three White Flint North (3WFN) Region III 11601 Landsdown Street 2443 Warrenville Road, Suite 210 North Bethesda, MD 20852 Lisle, IL 60532 Region IV 1600 East Lamar Boulevard Arlington, TX 76011 9
SECTION D. PACKAGING AND MARKING D.1 PLACE OF PERFORMANCE The work to be performed under this contract will be performed at the NRC Headquarters and Regional Offices (SEE SECTION C.8).
D.2 BRANDING The Contractor is required to use the statement below in any publications, presentations, articles, products, or materials funded under this contract/order, to the extent practical, in order to provide NRC with recognition for its involvement in and contribution to the project. If the work performed is funded entirely with NRC funds, then the contractor must acknowledge that information in its documentation/presentation.
Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Region III Office, under Contract number 31310018C0006.
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SECTION E. INSPECTION AND ACCEPTANCE E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)
Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the COR at the destination.
E.2 52.246-4 INSPECTION OF SERVICESFIXED-PRICE (AUG 1996)
(a) Definition. Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or (2) Terminate the contract for default.
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SECTION F. DELIVERIES OR PERFORMANCE F.1 PLACE OF PERFORMANCE U.S. Nuclear Regulatory Headquarters and Regional Offices.
F.2 PLACE OF DELIVERY REPORTS (AUG 2011)
The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to the COR.
F.3 PERIOD OF PERFORMANCE (AUG 2011) ALTERNATE II (AUG 2011)
This contract shall commence on April 1, 2018 and will expire on June 30, 2018. The term of this contract may be extended at the option of the Government for an additional 6 months, from July 1, 2018 to December 31, 2018.
F.4 SCHEDULE OF DELIVERABLES Deliverable Due Date eliver by Deliver to Daily Production Indicators Daily via e-mail by COR (in Microsoft Word or Report .pdf format) 10:00 a.m. CT Monthly Production 7th business day of each COR (in Microsoft Word or Summary Report month .pdf format) 20th Calendar day of the COR (in Microsoft Word or Monthly Status Report following month .pdf format)
No later than 30 calendar COR (in Microsoft Word or Final Report days after to contract
.pdf format) expiration 12
SECTION G. CONTRACT ADMINISTRATION DATA G.1 REGISTRATION IN FEDCONNECT (JUL 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 NRC throughout pre-award, award, and post-award acquisition phases. Therefore, in order to do business with the NRC, 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 contractor. There is no charge for using FedConnect. Assistance with FedConnect is provided by Compusearch Software Systems, not the NRC. FedConnect contact and assistance information is provided on the FedConnect web site at https://www.fedconnect.net/FedConnect.
G.2 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 NRCs Billing Instructions. Claims shall be submitted on the payees letterhead, invoice, or on the Governments 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: the U.S.
Nuclear Regulatory Commission (NRC) is through the Invoice Processing Platform (IPP) at www.ipp.gov.
G.3 CONTRACTING OFFICER'S REPRESENTATIVE AUTHORITY (a)(1) The contracting officer's representative, hereinafter referred to as the COR, for this contract is:
Name: Curtis Newkirk Address: One White Flint 11555 Rockville Pike Rockville, MD 20852 Telephone Number: (301) 415-0577 13
(a)(2) The alternate contracting officer's representative for this contract is:
Name: Nicholas Ballam Address: One White Flint 11555 Rockville Pike Rockville, MD 20852 Telephone: (301) 415-3516 (b) Performance of the work under this contract is subject to the technical direction of the NRC project officer. The term technical direction is defined to include the following:
(1) Technical direction to the contractor which shifts work emphasis between areas of work or tasks, authorizes travel which 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), fills in details, or otherwise serves to accomplish the contractual statement of work.
(2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technical portions of the work description.
(3) Review and, where required by the contract, approve technical reports, drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.
(c) Technical direction must be within the general statement of work stated in the contract. The project officer does not have the authority to and may not issue any technical direction which:
(1) Constitutes an assignment of work outside the general scope of the contract.
(2) Constitutes a change as defined in the "Changes" clause of this contract.
(3) In any way causes an increase or decrease in the total estimated contract cost, the fixed fee, if any, or the time required for contract performance.
(4) Changes any of the expressed terms, conditions, or specifications of the contract.
(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever.
(d) All technical directions must be issued in writing by the project officer or must be confirmed by the project officer in writing within ten (10) working days after verbal issuance. A copy of the written direction must be furnished to the contracting officer. A copy of NRC Form 445, Request for Approval of Official Foreign Travel, which has received final approval from the NRC must be furnished to the contracting officer.
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(e) The contractor shall proceed promptly with the performance of technical directions duly issued by the project officer in the manner prescribed by this clause and within the project officer's authority under the provisions of this clause.
(f) If, in the opinion of the contractor, any instruction or direction issued by the project officer is within one of the categories defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request that contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause.
(g) Any unauthorized commitment or direction issued by the project officer may result in an unnecessary delay in the contractor's performance and may even result in the contractor expending funds for unallowable costs under the contract.
(h) A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect to the instruction or direction is subject to §52.233 Disputes.
(i) In addition to providing technical direction as defined in paragraph (b) of the section, the project officer shall:
(1) Monitor the contractor's technical progress, including surveillance and assessment of performance, and recommend to the contracting officer changes in requirements.
(2) Assist the contractor in the resolution of technical problems encountered during performance.
(3) Review all costs requested for reimbursement by the contractor and submit to the contracting officer recommendations for approval, disapproval, or suspension of payment for supplies and services required under this contract.
G.4 HOURS OF OPERATION The contractor shall provide required support and backup support as needed to ensure that all areas of responsibility are covered during the core hours of 7:00 a.m. to 4:30 p.m. CT, Monday through Friday (excluding federal holidays or when the NRC Region III office is otherwise closed).
G.5 RECOGNIZED HOLIDAYS The NRC will be closed on the federal holidays identified below.
New Years Day Labor Day Martin Luther King Jr.s Birthday Columbus Day 15
Presidents Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day 16
SECTION H. SPECIAL CONTRACT REQUIREMENTS H.1 UNAVAILABILITY OF PERSONNEL The Contractor agrees that personnel may not be removed from the contract work or replaced without compliance with the requirements of the contract.
If the contractor personnel, for whatever reason, becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 1 workday, the contractor shall immediately notify the Contracting Officer, promptly replace the personnel with personnel that are capable of performing the required task(s) and at the level of quality required by the contract If the Contracting Officer determines that suitable and timely replacement of personnel who have been assigned, 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, 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 may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.
H.2 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (a) All offerors will receive preaward and postaward notices in accordance with FAR 15.503.
(b) It is also brought to your attention that the contracting officer is the only individual who can legally obligate funds or commit the NRC to the expenditure of public funds in connection with this procurement. This means that unless provided in a contract document or specifically authorized by the contracting officer, NRC technical personnel may not issue contract modifications, give formal contractual commitments, or otherwise bind, commit, or obligate the NRC contractually. Informal unauthorized commitments, which do not obligate the NRC and do not entitle the contractor to payment, may include:
(1) Encouraging a potential contractor to incur costs prior to receiving a contract; (2) Requesting or requiring a contractor to make changes under a contract without formal contract modifications; (3) Encouraging a contractor to incur costs under a cost-reimbursable contract in excess of those costs contractually allowable; and (4) Committing the Government to a course of action with regard to a potential contract, contract change, claim, or dispute.
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H.3 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be made by Electronic Funds Transfer. It is the policy of the Nuclear Regulatory Commission to pay government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.
H.4 GREEN PURCHASING (SEP 2015)
(a) In furtherance of the sustainable acquisition goals of Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade," products and services provided under this contract/order shall be energy efficient (EnergyStar or Federal Energy Management Program -
FEMP-designated products), water efficient, biobased, environmentally preferable (excluding EPEAT-registered products), non-ozone depleting, contain recycled content, or are non- or low toxic alternatives or hazardous constituents (e.g., non-VOC paint), where such products and services meet agency performance requirements. See: Executive Order (EO) 13693, "Planning for Federal Sustainability in the Next Decade."
(b) The NRC and contractor may negotiate during the contract term to permit the substitution or addition of designated recycled content products (i.e., Comprehensive Procurement Guidelines
- CPG), EPEAT-registered products, EnergyStar- and FEMP designated energy efficient products and appliances, USDA designated biobased products (Biopreferred program),
environmentally preferable products, WaterSense and other water efficient products, products containing non- or lower-ozone depleting substances (i.e., SNAP), and products containing non-or low-toxic or hazardous constituents (e.g., non-VOC paint), when such products and services are readily available at a competitive cost and satisfy the NRCs performance needs.
(c) The contractor shall flow down this clause into all subcontracts and other agreements that relate to performance of this contract/order.
H.5 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALTY 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 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.
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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 Agencys 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.6 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS (SEP 2013)
Prior to occupying any Government provided space at NRC Region III in Lisle Illinois, the Contractor shall obtain written authorization to occupy specifically designated government space, via the NRC Contracting Officers Representative (COR), from the Chief, Space Design Branch, Office of Administration. Failure to obtain this prior authorization can result in one, or a combination, of the following remedies as deemed appropriate by the Contracting Officer.
(1) Rental charge for the space occupied will be deducted from the invoice amount due the Contractor (2) Removal from the space occupied (3) Contract Termination H.7 NRC INFORMATION TECHNOLOGY SECURITY TRAINING (MAY 2016)
NRC contractors shall ensure that their employees, consultants, and subcontractors with access to the agency's information technology (IT) equipment and/or IT services complete NRC's online initial and refresher IT security training requirements to ensure that their knowledge of IT threats, vulnerabilities, and associated countermeasures remains current. Both the initial and refresher IT security training courses generally last an hour or less and can be taken during the employee's regularly scheduled work day.
Contractor employees, consultants, and subcontractors shall complete the NRC's online annual, "Computer Security Awareness" course on the same day that they receive access to the agency's IT equipment and/or services, as their first action using the equipment/service. For those contractor employees, consultants, and subcontractors who are already working under 19
this contract, the on-line training must be completed in accordance with agency Network Announcements issued throughout the year, within three weeks of issuance of this modification.
Additional annual required online NRC training includes but is not limited to the following:
(1) Information Security (INFOSEC) Awareness (2) Continuity of Operations (COOP) Awareness (3) Defensive Counterintelligence and Insider Threat Awareness (4) No FEAR Act (5) Personally Identifiable Information (PII) and Privacy Act Responsibilities Awareness Contractor employees, consultants, and subcontractors who have been granted access to NRC information technology equipment and/or IT services must continue to take IT security refresher training offered online by the NRC throughout the term of the contract. Contractor employees will receive notice of NRC's online IT security refresher training requirements through agency-wide notices.
Contractor Monthly Letter Status Reports (MLSR) must include the following information for all completed training:
(1) the name of the individual completing the course; (2) the course title; and (3) the course completion date.
The MLSR must also include the following information for those individuals who have not completed their required training:
(1) the name of the individual who has not yet completed the training; (2) the title of the course(s) which must still be completed; and (3) the anticipated course completion date(s).
The NRC reserves the right to deny or withdraw Contractor use or access to NRC IT equipment and/or services, and/or take other appropriate contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractor violate the Contractor's responsibility under this clause.
H.8 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 20
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 Officers 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 Officers 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.9 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.
(d) 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 Officers 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 Officers Representatives (COR) direction. The contractor shall continue to provide sufficient personnel 21
to perform the requirements of essential tasks as defined in the Statement of Work which already are in operation or are scheduled.
H.10 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information," normally at or near the time the contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared []. Final evaluations of contractor performance will be prepared at the expiration of the contract during the contract closeout process.
The Contracting Officer will transmit the NRC Contracting Officers Representatives (COR) annual and final contractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by the contractor. The contractor will be permitted thirty days to review the document and submit comments, rebutting statements, or additional information.
Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer will consider such evaluation final and releasable for source selection purposes. Disagreements between the parties regarding a performance evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.
The Contracting Officer will send a copy of the completed evaluation report, marked "Source Selection Information, to the contractor's Project Manager for their records as soon as practicable after it has been finalized. The completed evaluation report also will be used as a tool to improve communications between the NRC and the contractor and to improve contract performance.
The completed annual performance evaluation will be used to support future award decisions in accordance with FAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information, the completed annual performance evaluation will be released to only two parties - the Federal government personnel performing the source selection evaluation and the contractor under evaluation if the contractor does not have a copy of the report already.
H.11 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II ACCESS APPROVAL (JUL 2016)
The contractor must identify all individuals selected to work under this contract. The NRC Contracting Officers 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 22
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 Officers Representative (COR), who will then provide them to the NRC Office of Administration, Division of Facilities and Security, Personnel Security Branch with the employees 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 Officers 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 to 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 Performance under this contract/order will involve contractor personnel who perform services requiring direct access to or operation of agency sensitive information technology systems or data (IT Level I). The IT Level I involves responsibility for: (a) the planning, direction, and implementation of a computer security program; (b) major responsibility for the direction, planning, and design of a computer system, including hardware and software; (c) 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 (d) 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 in writing by the NRC Contracting Officers 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 employees investigation cannot be favorably adjudicated. Such an employee will not be authorized to work 23
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 Officers 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 contracts/orders at NRC) or more frequently in the event of noncontinuous performance under contracts/orders 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 Officers 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 employees 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. The contractor individuals clearance status will thereafter be communicated to the contractor by the NRC Contracting Officers Representative (COR) regarding the contractor persons 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. Together, these furnish 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, remote 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.
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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 Officers 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 Officers 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 non-continuous 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 Officers 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 employees security forms and/or the receipt of adverse information by NRC, the contractor employee may be denied access to NRC facilities, sensitive information technology systems or data until a final determination is made by DFS/PSB regarding the contractor persons eligibility.
In accordance with NRCAR 2052.204-70 "Security," IT Level II contractors shall be subject to the attached NRC Form 187, SF-86, and contractor's record of the pre-screening. Together, these furnish 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, remote development and/or analysis of sensitive information technology systems or data, or other access to such systems 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.
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CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST When a request for IT access is to be withdrawn or canceled, the contractor shall immediately notify the NRC Contracting Officers Representative (COR) 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 contractor in writing to the NRC Contracting Officers Representative (COR),
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/PSB, when a contractor employee no longer requires access to NRC 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 them to access NRC IT resources.
H.12 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (SEP 2013)
The Contractor shall ensure that all its employees, subcontractor employees or consultants who are assigned to perform the work herein for contract performance for periods of more than 30 calendar days at NRC facilities, are approved by the NRC for unescorted NRC building access.
The Contractor shall conduct 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 of obtaining approval necessary for access to NRC's federal facilities. 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 applicant verify the pre-screening record or review, sign and date it. Two (2) copies of the pre-screening 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 subcontractor employees and 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.
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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 NRC may select another firm for contract award.
A Contractor, subcontractor employee or consultant shall not have access to NRC facilities until he/she is approved by DFS/PSB. Temporary access may be approved based on a favorable NRC 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 NRC. Such employee will not be authorized to work under any NRC 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 NRC.
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 NRC 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 NRC Contracting Officers 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 NRC 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 27
(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.
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 COR 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 COR for return to DFS/FSB (Facilities Security Branch) within three (3) days after their termination.
H.13 NON-DISCLOSURE/CONFIDENTIALITY AGREEMENT Contractor personnel will be handling files that include internal for official use information, personal information subject to the Privacy Act, source selection information (FAR 3.104),
information that is proprietary to other government contractors, and information that is protected by the attorney-client and attorney-work product privilege. The Contractor, including its personnel, may notdisclose such information to anyone outside the Nuclear Regulatory Commission. Contractor personnel will be required to sign a Non-Disclosure/Confidentiality Agreement (copy attached).
H.14 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 28
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 audit, inspection, 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 29
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.
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, internal 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)), the contractor agrees 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 contract or 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 of this 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.
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(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 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.
(End of Clause)
H.15 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 NRC 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 those 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.
31
(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, shall be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of Management and Budget (OMB) guidance are not exceeded. Applicable guidance documents include OMB Circular A-87, Cost Principles for State and Local Governments; OMB Circular A-122, Cost Principles for Nonprofit Organizations; and OMB Circular A-21, Cost Principles for Educational Institutions.
(End of Clause) 32
SECTION I. CONTRACT CLAUSES I.1 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far AR 52.202 Definitions (Nov 2013)
FAR 52.203 Gratuities (Apr 1984)
FAR 52.203 Covenant Against Contingent Fees (May 2014)
FAR 52.203 Restrictions on Subcontractor Sales to the Government (Sep 2006)
FAR 52.203 Anti-Kickback Procedures (May 2014)
FAR 52.203 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014)
FAR 52.203 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)
FAR 52.203 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)
FAR 52.203 Contractor Code of Business Ethics and Conduct (Oct 2015)
FAR 52.203 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010)
FAR 52.203 Preventing Personal Conflicts of Interest (Dec 2011)
FAR 52.203 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)
FAR 52.203 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
FAR 52.204 Security Requirements (Aug 1996)
FAR 52.204 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)
FAR 52.204 Personal Identity Verification of Contractor Personnel (Jan 2011)
FAR 52.204 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)
FAR 52.204 System for Award Management Maintenance (Oct 2016) 33
FAR 52.204 Service Contract Reporting Requirements (Oct 2016)
FAR 52.204 Commercial and Government Entity Code Maintenance (Jul 2016)
FAR 52.204 Incorporation by Reference of Representations and Certifications (Dec 2014)
FAR 52-209 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)
FAR 52.209 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)
FAR 52.215 Order of Precedence -- Uniform Contract Format (Oct 1997)
FAR 52.219 Limitations on Subcontracting (Jan 2017)
FAR 52.222 Notice to the Government of Labor Disputes (Feb 1997)
FAR 52.222 Convict Labor (June 2003)
FAR 52.222 Nondisplacement of Qualified Workers (May 2014)
FAR 52.222 Service Contract Labor Standards (May 2014)
FAR 52.222 Statement of Equivalent Rates for Federal Hires (May 2014)
FAR 52.222 Combating Trafficking in Persons (Mar 2015)
FAR 52.222 Employment Eligibility Verification (Oct 2015)
FAR 52.223 Drug-Free Workplace (May 2001)
FAR 52.223 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)
FAR 52.224 Privacy Act Notification (Apr 1984)
FAR 52.224 Privacy Act (Apr 1984)
FAR 52.225 Restriction on Certain Foreign Purchases (Jun 2008)
FAR 52.227 Rights in Data - General (May 2014)
FAR 52.229 Federal, State, and Local Taxes (Feb 2013)
FAR 52.232 Payments (Apr. 1984)
FAR 52.232.23 - Assignment of Claims (May 2014)
FAR 52.232 Payment by Electronic Funds Transfer-- System for Award Management (Jul.
2013) 34
FAR 52.232 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
FAR 52.233 Disputes (May 2014)
FAR 52.233 Applicable Law For Breach Of Contract Claim (OCT 2004)
FAR 52.237 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
FAR 52.242 Bankruptcy (Jul 1995)
FAR 52.242 Stop-Work Order (Aug. 1989)
FAR 52.244 Competition in Subcontracting (Dec 1996)
FAR 52.246 Limitation of Liability -- Services (Feb 1997)
FAR 52.249 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)
FAR 52.249 Default (Fixed-Price Supply and Service) (Apr 1984)
(End of Clause)
I.2 FAR 52.217 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 contract expiration.
(End of clause)
I.3 FAR 52.219 SPECIAL 8(a) SUBCONTRACT CONDITIONS (JAN 2017)
(a) The Small Business Administration (SBA) has entered into Contract No. 31310018C0006 with the U.S. Nuclear Regulatory Commission to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.
(b) The Immersive Concepts, LLC., hereafter referred to as the subcontractor, agrees and acknowledges as follows:
(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. 31310018C0006 for the consideration stated therein and that it has read and is familiar with each and every part of the contract.
(2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the U.S. Nuclear Regulatory Commission with complete 35
authority to take any action on behalf of the Government under the terms and conditions of this subcontract.
(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the U.S. Nuclear Regulatory Commission.
(4) That it will notify the U.S. Nuclear Regulatory Commission Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the U.S. Nuclear Regulatory Commission.
(End of Clause)
I.4 FAR 52.219 SECTION 8(a) AWARD (JAN 2017)
(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:
(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
(2) Except for novation agreements, delegates to the U.S. Nuclear Regulatory Commission the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.
(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.
(4) To notify the U.S. Nuclear Regulatory Commission Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.
(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the Disputes clause of the subcontract.
(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.
(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written 36
approval of the SBA and the cognizant Contracting Officer of the U.S. Nuclear Regulatory Commission.
(End of Clause)
I.5 FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond June 1, 2018.
The Governments obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond June 1, 2018, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause) 37