Text

NRC-2018-000395 - Resp 1 - Final
	ML18157A020
Person / Time
Issue date:	06/05/2018
From:	Stephanie Blaney; Information Services Branch
To:	Reilly S; USA Today
References
	FOIA, NRC-2018-000395
	Download: ML18157A020 (68)
	v • d • e

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018) orfllt[ot,<.t

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TYPE INTERIM 0 FINAL REQUESTER: DATE:

ISt~ve Reilly 11 06/05/2018 I

DESCRIPTION OF REQUESTED RECORDS:

Copy of the definitive contract signed on or about June 15, 2017 with WEB WORLD TECHNOLOGIES INC. regarding Advisory Committee on Reactor Safeguards (ACRS) WebACTS database maintenance support and any records reflecting the modification or amendment of said order.

PART I. -- INFORMATION RELEASED The NRC has made some, or all, of the requested records publicly available through one or more of the following means:

D (1) https://www.nrc.gov; (2) public ADAMS, https://www.nrc.gov/reading-rm/adams.html; (3) microfiche available in the NRC Public Document Room; or FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home.

0 Agency records subject to the request are enclosed.

Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to D that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you.

D We are continuing to process your request.

D See Part I.D -- Comments.

PART I.A** FEES AMOUNT D You will be billed by NRC for the amount indicated.

0 Since the minimum fee threshold was not met, you will not be charged fees.

$0.00 D You will receive a refund for the amount indicated.

Due to our delayed response, you will not be I I D Fees waived. D charged search and/or duplication fees that would otherwise be applicable to your request.

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"). See 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.

0 You may appeal this final determination within 90 calendar days of the date of this response. If you submit an appeal by mail, address it to the FOIA Officer, at U.S.-Nuclear Regulatory Commission, Mail Stop T-2 F43, Washington, D.C. 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, https://foiaonline.regulations.gov/foia/action/public/home. Please be sure to include on your submission that it is a "FOIA Appeal."

PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by submitting your inquiry at https://www.nrc.gov/reading-rm/

foia/contact-foia.html, or by calling the FOIA Public Liaison at (301) 415-1276.

If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGIS, you may e-mail OGIS at ogis@nara.gov, send a fax to (202) 741-5789, or send a letter to: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. For additional information about OGIS, please visit the OGIS website at https://www.archives.gov/ogis.

NRC FORM 464 Part I U.S. NUCLEAR REGULA TORY COMMISSION NRC RESPONSE NUMBER (04-2018) f

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RESPONSE TO FREEDOM OF I 2018-000395 II 1 I

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TYPE D INTERIM 0 FINAL PART I.D -- COMMENTS Signature - Freedom of Information Act Officer or Designee

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018)

~i-2-01-8--0-00-39-5~1 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE:

1 06,os,201 a PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)).

D Exemption 1: The withheld information is properly classified pursuant to an Executive Order protecting national security information.

D Exemption 2: The withheld information r~lates solely to the internal personnel rules and practices of NRC.

D Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.

D 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 Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

D 41 U.S.C. 4702(b), which prohibits the disclosure of contractor proposals, except when incorporated into the contract between the agency and the D Other:

17] Exemption 4: The withheld information is a trade secret or confidential commercial or financial information that is being withheld for the reason(s) l..!.J indicated.

The information is considered to be proprietary because it concerns a licensee's or applicant's physical protection or material control and D accounting program for special nuclear material pursuant to 10 CFR 2.390(d)(1).

[ZJ The information is considered to be another type of confidential business (proprietary) information.

D The information was submitted by a foreign source and received in confidence pursuant to .1 O CFR 2.390(d)(2).

D Exemption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.

D Deliberative process privilege.

D Attorney work product privilege.

D Attorney-client privilege.

Exemption 6: The withheld information from a personnel, medical, or similar file, is exempted from public disclosure because its disclosure would result D in a clearly unwarranted invasion of personal privacy.

D Exemption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.

D (A) Disclosure could reasonably be expected to interfere with an open enforcement proceeding.

D (C) Disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy.

(D) The information consists of names and other information the disclosure of which could reasonably be expected to reveal identities of confidential D sources.

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that could reasonably be D expected to risk circumvention of the law.

D (F) Disclosure could reasonably be expected to endanger the life or physical safety of any individual.

D Other:

PART 11.B -- DENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the official(s) listed below have made the determination to withhold certain information responsive to your request.

APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EDO SECY SA Blaney FOIAOfficer I

unit pricing information 0 D Select TiUe/Office from drop-down list I I D D Select TiUe/Office from drop-down list 11 I D D I

Select Title/Office from drop-down list 11 I D D NRC Form 464 Part II (04-2018)

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

11. CONTRACT ID CODE I PAGE OF PAGES 1 I 2

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 15. PROJECT NO. (If applicable}

MOOOl See Block 16C ZEROREQ-ACRS-16-0005

6. ISSUEDBY CODE NRCHQ 7. ADMINISTERED BY (If other than /fem 6) CODE I US NRC - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP TWFN-SE03 WASHINGTON DC 20555-0001

8. NAME AND ADDRESS OF CONTRACTOR*(No., slreet. county, State and ZIPCode} 9A AMENDMENT OF SOLICITATION NO.

(x)

WE BWORLD TECHNOLOGIES INC 6412 BRANDON AVE STE 311 98. DATED (SEE ITEM 11)

SPRINGFIELD VA 22150 x 10A. MODIFICATION OF CONTRACT/ORDER NO.

NRC-HQ-7R-16-C-0001 10B. DATED (SEE ITEM 13)

CODE 957461023 FACILITY CODE 06/08/2016

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS D The above numbered solicitation Is amended as setforth In Hem 14. The hour and date specified forrecelpt of Offers D Is extended, D Is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified In the sollcltaUori or as amended , by one of the following methods.: (a) By ciompleUng Items 8 and 15, and returning copies of the amendment; (b) By aci<nowledging receipt.of this amendment on e.ach copy of the offer submitted: or (cj By separate loller or telegram which includes a reference lo the sollcllaUon and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE:'DESIGNATEO FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter; provided each telegram or letter makes reference to the sollcilaUon and this amendment, and is received prior to the opening hour and dale specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

See Schedule

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14, CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B: THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes In paying office, approprlalion date, ale.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR43.103(b).

X C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modificetiOn and authority)

E. IMPORTANT: Contractor 00 Is nol, Dis required lo sign ihis document and return -----=1- copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including so/ic/tationlcontract subject matter whero feasible.)

The purpose of this modification is to reflect a change to the Contracting Officer Representative (COR) designation from . Angelina Chapeton to BFandi Hamil ton.

Accordingly, Section C.18 "Contracting Officer Representative Authority (Alternate.I),

paragraph (a) is hereby revised as follows:

(a) The Contracting officer's authorized representative (hereinafter referred to as the COR) for this contract is:

Name: Brandi Hamilton Address: 11545 Rockville Pike Continued ...

Except es provided herein, an terms and condlUons of the document referenced In Item 9 Aor 10A, as heretofore changed, remains unchanged end In full force and effect.

15A NAME AND TITLE OF SIGNER (7ype or print) 15P\. NAME AND TITLE OF CONTRACTING OFFICER (7ype or print)

DOMONIQUE MALONE 158. CONTRACTORIOFFEROR 15C. DATE SIGNED 11 16C. DATE SIGNED (Signaturo of porson authoriz9d to sign)

D~C.~ 09/29/2016 NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10-83)

Previous edition unusable Prescribed by GSA

FAR (48 CFR) 53.243

REFERENCE NO. OF DOCUMENT BEING CONTINUED l>\GE OF CONTINUATION SHEET NRC-HQ-?R-l6-C-0001/M0001 2 2 NAME OF OFFEROR OR CONTRACTOR WEBWORLD TECHNOLOGIES INC ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE . AMOUNT (A) (BJ (C) (D) (El (F)

Mail Stop: TWFN 2E26 Rockville, MD 20852 Email: Brandi.Hamilton@nrc.gov Phone number: 301-415-7981 All other terms and conditions remains unchanged 4-0ne Year Option Periods 6/24/2017-6/23/2021 Period of Performance: 06/24/2016 to 06/23/2017 NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Spons-Ored by GSA FAR (48CFR) 53.110

AMENDME!'fT OF SOLICITATION/MODIACATION OF CONTRACT 11; -CONTRACT ID CODE IPAGE OF PAGES 1 I 2

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REO. NO~ 15. PROJECT NO. (If applicable)

M0002 See Block 16C ZEROREQ-ACRS-17-0003

6. ISSUEDBY CODE NRCHQ 7. ADMINISTERED BY (If other than //em 6) CODE I US NRC: - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP TWFN~5E03 WASHINGTON DC 20555-0001

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, Stare and ZJP Code/

(x) 9A. AMENDMENT OF SOLICITATION NO, wEBWORLD TECHNOLOGIES INC 6412 BRANDON AVE STE 311 9B. DATED (SEE ITEM 11)

SPRINGFIELD VA 22150 10A. MODIFICATION OF CONTRACT/ORDER NO.

X NRC"-HQ-7R-16-C-0001 10B. DATED (SEE ITEM 13)

CODE 957461023 FACILITY CODE 06/08/2016

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS 0The above numbered sollcltatlon Is amended as set forth In ttem 14. The hour and date specified for receipt of Offers D Is extended, D Is not extended.

Offers must acknowledge receipt or this amendment prior to the hour and date specified iri the sollcttallon or as amended , by one of the foi~ methods: (a) By completing Items B and 15, and returning copies of the amendment; (b) By acknowledging receipt or this amendment on each copy oi the offer submitted; or (c) By separate letter or telegram which includes a reference to thesolicltatlon and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER II by virtue, of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, proVided each telegram or letter makes reference lo the solicitation and this amendment, and Is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (II required)

N/A

13. THIS ITEM ONLY APPLIES TO MOl>IFICATION OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes In paying office, appropriation dale, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

X F,AR 52.217-9 Option to Extend the Term qf the Contract D. OTHER /Specify type of moaiticslion and authority)

E. IMPORTANT: Con!rador D Is not, I!] is iequired lo sign this document and return - - - - - - - copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including so/ic/talionlcontracl subject matter where feasib/9..)

The purpose of this modification is to exercise option period one, thereby changing the period of performance end date from June 23, 2017 to June 23, 2018*.

Base and Exercised Options: $41,806.49 (Changed)

Base and All Options Amount: $107,542.92 (Unchanged)

Period of Performance: 06/24/2016 to 06/23/2018 Change Item 10001 to read as follows(amount shown is the total amount):

10001 Option Year 1: Contractor Performance of SOW 21,099.96 Continued ...

Except as provided herein, au terms and condlUons of the document referenced In Item 9 A or 1OA, as heretofore changed, remains unchanged and In full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A: NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

JERRY PURCELL 15B. CONTRACTORIOFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

~ ------e::'../..-c 06/15/2017 (Slgnoturo of person authorizod ID sign} (S/gnaturo ot COn/ractlng Officet)

NSN 7540-01-152-8070 STANDARD FORM 30 (REV. 10-83)

Previous edition unusable Prescribed by GSA FAR (48 CFR) 53243

REFERENCE NO. OF DOCUMENT BEING CONTINUED OF CONTINUATION SHEET NRC-HQ-?R-l6-C-0001/M0002 2 NAME OF OFFEROR OR CONTRACTOR WEBWORLD TECHNOLOGIES INC ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (Al (Bl (C) (D) (E) (F) requirements. Authorized labor category and associated fixed hourly rate include Line Item Ceiling: $21,099.96 NSN 754().()1-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

NRC-HQ-7R-16-C-0001 ADVISORY COMMllTEE ON REACTOR SA.FEGUARD$ MAINTENANCE AND OPERATIONS FOR THE WEB ADVISORY COMMllTEE TRACKING SYSTEM (WEBACTS) STATEMENT OF WORK BACKGROUND WebACTS is a system used to track work assignments, products, and the fiscal expenditures of the Advisory Committee on Reactor Safeguards (ACRS). WebACTS i.s an office productivity tool thc1t supports the day-to~ay activities of ACRS including its Program Maiiag~ment, Policy Development and Analysis (PMDA) Division and the Technical Support Branch (TSB). It is an automated information management system, which supports the dally functions of the administrative and technical staff within the ACRS. These functions include the management of the technical work for the two technical branches as. well as the management of administrative business functions of the ACRS including travel, training; contracts, budget appro~riations, expenditures; and meeting schedules and relateq documents. WebACTS is in the maintenance and operations phase of the system's lifecyele and will resultantly require ongoing support to ensure continued functionality and adaptation to changing business needs.

1. OBJECTIVE The objective of this statement of work is to ensure continued support for the WebACTS system. In an effort to remain current in the face of dynamic business requirements, and to maintain the required agency and Federal security specifications, ongoing maintenance is essential to an operational system.

2. MANDATORY PERFORMANCE REQUIREMENTS The Contrc;1ctor shall provide a minimum of 133. hours of contractor-t:>ased personnel support for each year of the contract.

3. SCOPE OF WORK The Contractor's assigned personnt:tl shall attend ACRS Committee meetings and when directed by the Contacting Officer Representative, attend other meetings.

The contractor shc;1II provide a Monthly Status Report to the NRG Contracting Officer Representative (COR) and the Contracting Officer (CO) by the 15th of each month. Each monthly report shall includ~ the task order number and task.name, the period covered by the report; a summary of the work performed during the reporting.period by each individual assigned to work on the project along with the number of hours worked; and a status of

expenditures under the order for the reporting period, cumulative expenditures to date, funds obligated to date and balance of furids required to complete the order.

NRC-HQ-7R-16-C-0001

4. PLACE OF PERFORMANCE Work will be performed at the contractor site for the majority of tasks, but when directed by the Contracting Officer Representative, the contractor shall work on-site at the following address:

US Nuclear Regulatory Commission Advisory Committee on Reactor Safeguards 11545 Rockville Pike Rockville, MD 20852

5. TASK AREAS Operate System The Contractor Shall:

Ensure ongoing operation of the system.

Back-up and restore data based on the operations plan and requirements of the system, in coordination with the ACRS POC and the Network Operations Center (NOC).

Manage and mitigate any problems.

Perform enhancements to the system and preventative maintenance based on business needs and any system reconfigurations, as deemed necessary by the ACRS office.

Redeploy systems as necessary.

Update operations procedures as needed through the life of the system.

User Support The Contractor shall perform the following help desk functions:

Respond to help desks requests submitted by the designated ACRS POC.

Update the help desk documentation as needed throughout the life of the contract.

Train users The Contractor shall perform the following Business process improvements BPI:

Assist the ACRS in measuring the Improved Process - measure results of implementing BPI and plan to continuously improve the system.

Assist in identifying and Eliminating Process Problems - analyze the data collected from each periodic measurement to determine if there are opportunities for further improvement and if performance goals are being met.

Identify and correct any process problems that have arisen.

Apply New/Improved Targets and Measures -The Contractor shall revisit the targets on a regular basis to add or adjust measures and targets if needed. For example, new or

NRC-HQ-7R-16-C-0001 changed business drivers or new strategic initiatives may have altered process performance goals.

System Documentation The Contractor shall coordinate with ACRS staff to develop, review, revise, and submit required system documentation to the Office of the Chief Information Officer (OCIO) including, but not limited to security categorization, system security plan, contingency plan, continuous monitoring plan, configuration management plan, incident response plan, System Security Plan (SSP),

Privacy Impact Assessment (PIA), Risk Assessments (RAs), Annually Security Control Test (ASCT) Plan and report, Security Impact Assessment (SIA), Service Level Agreement (SLA),

and system handoff documentation in accordance with agency and Federal requirements.

The contractor shall also assist the ACRS in completing documentation and other tasks related to recertification efforts when directed by the COR. The contractor will also refer to appropriate NIST guidance and controls for informational purposes in developing/reviewing system documentation.

Lessons Learned The Contractor shall Assist ACRS in preparing a lessons learned paper and for submission to the Chief Information Officer (CIO) after the system becomes operational.

The Lessons Learned template (please see the NRC's Project Management Methodology (PMM) website) will be used to ensure continuity of operations and optimal performance level of the WebACTS system.

In Process Review The Contractor shall Perform the In-Process Review to evaluate system performance, user satisfaction with WebACTS, adaptability to changing business needs, and new technologies that might improve the system. The contractor will work with the ACRS to ensure that any major system modifications needed after the system has been implemented follow the PMM process and Capital Planning & Investment Control (CPIC) steps.

Also as a part of the In-Process Review component, the contractor shall:

Review existing WebACTS system for compliance with "to-be" architecture and Federal Enterprise Architecture (FEA) initiatives

Review for efficiency/effectiveness gains through incorporation of newer technologies or sharing of current technologies, data, applications, etc.

Validate, and update (if needed) the existing data to ensure it is accurate in the Enterprise Architecture (EA) repository

NRC-HQ-7R-16-C-0001 Manage and Update Change Requests ,

The Contractor shall manage and update Change Request. Request for changes to project work products that have been baselined can only be proposed through Change Requests (CR's).

Change Requests are used to document and track defects, enhancement requests and any other type of request for a change to the product. The benefit of CR's is that they provide a record of decisions and, due to their assessment process, ensure that change impacts are understood across the project. Change requests may also be synonymous with CR's, defects, bugs, incidents, enhancement requests etc. Capturing and managing these requests appropriately ensures that changes to a system are made in a controlled way so their effect on the system can be predicted. Change requests are submitted using Clearcase as needed.

Plans of Action &Milestones Plans of Action and Milestones (POA&M) are documents that list Information Technology (IT) security weaknesses associated with an information system. POA&Ms identify the resources, personnel, and milestones supporting mitigation and establish the dates for completion of all required actions. The contractor shall coordinate with the ACRS to develop POA&M documentation to define priorities, and provide a centralized source of IT security problems that need to be addressed. The contractor will work with the designated ACRS staff to mitigate issues, and update POA&Ms as required.

Training In addition to completion of required annual and/or quarterly agency training, the contractor's required personnel will complete at Headquarters the annual role-based security training for individuals with significant IT security roles, and commercial security training as required by the Computer Security Office by the end of each Fiscal Year. This involve classroom or web-based training.

Proof of completion is to be submitted to the ACRS upon request.

5. PERSONNEL: EXPERIENCE, SKILLS, AND STANDARDS OF PERFORMANCE In order to fulfill the requirements of the maintenance and operations phase, a senior programmer who is able to communicate, review, test and maintain the WebACTS application is required.

The specific required experience and skills are as follows:

HTML (Coding)

Dreamweaver CS3

SOL 2008 Management Studio (DB Management)

NRC-HQ-7R-16-C-0001

SQL reporting services

SQL Server 2008

Java Scripts (Client-side Validation, add-on components)

C# (add-on functions, e.g. upload/download and printing forms)

VB 2005-08 (utilizing SQL Reporting Services)

Adobe Photoshop (as required for graphics)

MS Access programming

Excellent communication and interpersonal skills

Competency in managing maintenance efforts (e.g. schedules, and deliverables as dictated by any system audits or reviews)

Competency in writing, reviewing, and updating user, technical, and security-related documentation.

Current state and code of the WebACTS system.

6. APPLICATION OF ACRS OPERATING PROCEDURES AND APPLICABLE LAWS, REGULATIONS, MANUALS, DIRECTIVES, AND HANDBOOKS In performing any and all services referred in this SOW, the contractor personnel shall apply the following applicable laws NRC regulations, and ACRS and NRC operating manuals, handbooks, and directives in the performance of their work:

MD 2.7 Personal Use of Information Technology (http://www.internal.nrc.gov/ADM/DAS/cag/Management Directives/MD2. 7 .pdf)

MD 2.8 - Integrated Information Technology/Information Management (IT/IM)

Governance Framework (http://www.internal.nrc.gov/policy/directives/toc/md2.8.htm)

MD 3.53 - NRC Records and Document Management Program (http://www.internal.nrc.gov/ADM/DAS/cag/Management Directives/md3.53.pdf)

MD 14.1 - Official Temporary Duty Travel (http://www.internal.nrc.gov/policy/directives/toc/md14.1 :htm)

CSO-PROC-1801 Wireless Home Router Configuration Procedure (http://fusion.nrc.gov/ois/team/isd/Cyber%20Security%20lssuances/Procedures/CSO-PROC-1801 Wireless Home Router Configuration Procedure.pdf)

Other applicable policies, processes, and procedures as outlined by the Office of the Chief Information Officer (OCIO) and the Information Security Directorate (ISD)

(http://www.internal.nrc.gov/CSO/index.html and http://drupal.nrc.gov/nrc/policy-topics).

7. PERIOD OF PERFORMANCE

NRC-HQ-7R-16-C-0001 This statement of work (SOW) includes a 12-month base period, four 12-month option periods.

However, NRC reserves the right not to exercise any of the option periods.

8. TRAVEL Travel shall be limited to two (2) long-distance trips per year. Local travel is required, and will be permitted on ah as-needed basis as specified by the ACRS. No payment of travel expenses will be made to the contractor for routine travel to and from the Agency's location. The contractor shall provide a detailed itemization of expenses for any long-distance travel as requested by the Agency.

9. KEY PERSONNEL The following individuals are considered essential to the successful performance of work hereunder and are key personnel: Jared Anderson, Programmer and Cindy Ford serving as a Project Manager. The contractor agrees that such personnei shall not be removed from the effort under this contract.

10. GOVERNMENT FURNISHED EQUIPMENT, FACILITIES, AND SERVICE The NRC shall provide the contractor as appropriate, at the site of ACRS office, with government furnished space, work desk, office supplies, information technology IT equipment (computer equipment, printers, fax machines, copier, telephone), IT services, and IT access (e.g., Internet and E-mail) necessary to provide the required services. The contractor is responsible for providing the equipment and services necessary for work not performed at an NRC office. The contractor and the contractor's personnel, consultants, and subcontractors are prohibited from misuse, abuses, and from using the government furnished equipment, services, or access for personal use. The Government shall provide information and train the contractor personnel on NRC agencies unique features of NRC furnished equipment, facilities, and services.

11. Deliverables Deliverables Deliverable Due Date SOW Section Due To Monthly Status

Monthly 3 BPA's Contracting Reports Officer and COR

NRC-HQ-7R-16-C-0001 SECTION B

CONTINUATION BLOCK B.1 PRICE/COST SCHEDULE- Labor Rate and Categories BASE PERIOD: 6/24/2016-6/23/2017 BASE YEAR: 06/25/16-06/24/17 CLIN DESCRIPTION Hours Burdened Total Cost Labor Rate 0001 Contractor Performance of SOW (b)(4) (b)(4) requirements. Authorized labor category and associated fixed hourly rate include: Project Task Manger 0002 Contractor Performance of SOW requirements. Authorized labor category and associated fixed hourly rate include: Aoolication Programmer r

TOTAL BASE PERIOD I $20,106.54 OPTION PERIOD 1: 06/25/17-06/24/18 .

CLIN DESCRIPTION Hours Burdened Total Cost Labor Rate 1001 Contractor Performance of SOW (b)(4) (b)(4) requirements. Authorized labor category and associated fixed hourly rate include: Proiect Task Manger 1002 Contractor Performance of SOW requirements. Authorized labor category and associated fixed hourly rate include: Aoolication Programmer I

TOTAL OPTION PERIOD I $21,099.96

NRC-HQ-7R-16-C-0001 OPTION PERIOD 2: 06/25/18-06/24/19 CLIN DESCRIPTION Hours Burdened Total Cost Labor Rate 2001 Contractor Performance of SOW (b)(4) (b)(4) requirements. Authorized labor category and associated fixed hourly rate include: Proiect Task Manoer 2002 Contractor Performance of SOW requirements. Authorized labor category and associated fixed hourly rate include: Aoolication Proqrammer TOTAL OPTION PERIOD $21,500.86 OPTION PERIOD 3: 06/25/19-06/24/20 CLIN DESCRIPTION Hours Burdened Total Cost Labor Rate 3001 Contractor Perfonnance of SOW (b)(4) (b)(4) requirements. Authorized labor category and associated fixed hourly rate include: Project Task Manoer 3002 Contractor Performance of SOW requirements. Authorized labor category and associated fixed hourly rate include: Aoolication Proqrammer TOTAL OPTION PERIOD $21,909.37

NRC-HQ-7R-16-C-0001 CLIN . DESCRIPTION Hours Burdened Total Cost Labor Rate 4001 Contractor Performance of SOW (b)(4) {b)(4) requirements. Authorized labor category and associated fixed hourly rate include: Pro'ect Task Man er 4002 Contractor Performance of SOW requirements. Authorized labor category and associated fixed hourly rate include: A lication Pro *rammer TOTAL OPTION PERIOD i22,326.20 TOTAL BASE YEAR AND 4 OPTION PERIODS $107,542.92 B.~ CONSIDERATION AND OBLIGATION LABOR-HOUR CONTRACT (AUGUST 2011)

(a) The ceiling price to the Government for full performance under this contract is $21,909.37.

(b) The contract includes: (1) di rec~ labor hours. at specified fixed hourly rates, inclusive of wages, fringe, overhead, general and administrative expenses, and profit; and (2) cost of materials totaling $0 *

(c) The amount presently obligated by the Government with respect to this contract is

$2,000.00.

(d) This is an incrementally-funded contract and FAR 52.232 "Limitation of Funds" applies.

SECTION C - CONTRACT CLAUSES C.1 52.219-11 SPECIAL 8(A) CONTRACT CONDITIONS (FEB 1990)

The Small Business Administration (SBA) agrees to the following:

NRC-HQ-7R-16-C-0001 (a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuantto the provisions of section ~(a) of the.Small Busi_ness Act, as amended (15 U:S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole dr in part without c6stto either party.

(c) Except for novation agreements and advance payments, delegates to the Nuclear Regulatory Commission (NRC) th.e responsibility for administering the subcontract to be awarded. hereunderwith complete authority to take any action on behalf of the ~overnn,ent under the terms and conditions ofthe subcontract; provided, however, that the NRC shail give

advance notice to the SBA before it issues a final notice terminating .the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made unqer any su!)contract awarded under this contract wjll be made directly to the subcontractor by the NRC.

(e) That the subcontractor awarded a subcontract hereunder shall have the dght of appeal from decisions of the Contracting Officer cognizable under the "Disputes" clause of said subcontract.

(f) To notify the NRC Contracting Officer. immediately upon notification by the subcontractor that the owner or owners. upon whom B(a) eligi~ility was based plan to relinquish ownership or control of the concern.

C.2 OTHER 8(a) CONTRACT CONDITIONS Although the U_.S. Small Business Administration (SBA) may not be identified in Block_ 17a of the award document, SBA remains the prime contractor and 3Links Technologies, Inc. is the subcontractor in accordance with .the existing SBA/NRC Partnership Agreement. The SBA WMADO Requirements No. is 0353/16/602458 C.3 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted porti_on of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offerer/contractor agrees that in performance of the contract in the case of a contract for-(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended 'for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shal_l perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

NRC-HQ-7R-16-C-0001 (3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

C.4 52.219-17 SECTION S(a) AWARD (DEC 1996)

(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 and advance payments, delegates to the Nuclear Regulatory Commission (NRC) 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 wm be made directly to the subcontractor by the contracting activity.

(4) To notify the NRC 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 offerer/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 approval of the SBA and the cognizant Contracting Officer of the NRC.

C.5 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS Alternate I Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given full text. Upon request, the Contracting their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract

NRC-HQ-7R-16-c~ooo1 C.6 52.212-4 CONTRACT TE;RMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012) ALTERNATE I (AUG 2012)

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under th_is contract, to the extentpracticable at all places and times; including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the contractor or any subcontractor engaged in contract-performance. The Government will perform inspections arid.tests in a manner that will not unduly delay the Work.

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

(3) Unles!; otherwise specified in the contract, the Ge>v_ernment will accept or reject services and mate'ri~ls at the place of delivery as promptly as p1c:1cticable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but.not later than 6 months (or such other tim~

as may be specified i_n the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the contractor to replace or correct services or materials that at time of delivery failed to meet _contract requirements. E~cept as otherwise specified in paragraph (a)(6) :of this clause, the ce>st of replacement qr correction shall be determined under paragraph (i) of -this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The contractor shall not tender for acceptance materials anci services required to be replaced or corrected without disclosing tlie former requirement for replacement or correction, and, wh~n required; ~hall disclose the corrective action taken; [Insert portion of labor rate attributable te> profit.] * **

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

(A) By contract or otherwise, perform the replacement or correction, charge to the contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the contractor shall be a dispute under the Disputes clause of the contract. *

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the contractor to remedy by correction or replacement, without cost to the Government, any failure by the contractor to comply with the requirements of this contract, if the failure js due to-~

NRC-HQ-7R-16-C-0001 (i) Fraud, lack of good faith, or willful misconduct on the part of the contractor's managerial personnel; or (ii) The conduct of one or more of the contractor's employees selected or retained by the contractor after any of the contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

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

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

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

(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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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.

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause--

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are--

(A) Performed by the contractor; (B) Performed by the subcontractors; or

NRC-HQ-7R-16-C-0001 (C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means--

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control; (B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract; (C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and (E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

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

(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 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;

NRC-HQ-7R-16-C-0001 (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-- Central contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central contractor Registration), 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 proceedings.

(i) Payments.

(1) Services accepted. Payment shall be made for services accepted by the Government that have been delivered to the delivery destination(s) set forth in this contract. The Government will pay the contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

NRC-HQ-7R-16-C-0001 (B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the contractor furnishes materials that meet the definition of a commercial item at FAR 2.101, the price to be paid for such materials shall be the contractor's established catalog or market price, adjusted to reflect the--

(1) Quantities being acquired; and (2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1 )(ii)(A) and (0)(2) of this clause, the Government will reimburse the contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the contractor--

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or (2) Makes these payments within 30 days of the submission of the contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the contractor shall--

NRC-HQ,m~.-16-C-0001 (1) Ob,ain materials aHhe most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and * *

(2) Give credit to the. Government for cash and trade discounts; rebates, scrap, commissions, and other amounts that are identifiable tq the contract.

(D) Other Costs. Unle.ss listed below,_ other direct and indirect cost!, will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the contractor on the basis Of actual cost for the following; provided such costs comply with the requirements iii paragraph (i)( 1)(ii)(a) of this clause: Nolie* . .

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:

(2) Total cost It is estimated that the total cost to th.e Government for the performance of this contract shall not e~ceed tlie ceiling price set forth in the Schedule and tl:le contractor agrees to use its best efforts fo perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the contractor has reason to believe that the

.hourly rate payments and material ~sts that will accrue in performing this contr~ct in the next succeeding 30 days,*if added to all other payments-and costs previously accrued,will exceed 85 percent of the ceiling price in the Schedule, the contractor shall* notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with suppqrting reasons and documentation. If at any time during the performance of this contract, the contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then Stated ceiling price, the contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for perfqrming this contract, with supporting re;:1sons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially gre:~ter or less than the stated ceil.ing price, the Contra'cting Officer will so ~dvise the contractor. giving the then revised estimate of the total amount of effort.

to be required under the contract.

(3) Ceiling price. The Government will riot be obligated to pay the contractor any amount in excess of the ceiling price in the Schedule, and the contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the contractor in writing that the ceiling price h~s be.en increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for.performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the contractor in eX.cess of the ceiling price before the increase shall be allowable to the s.ame e.xtemt as if the hours expended and mater1a*1 costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting*

Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

NRC-HQ-7R-16-C-0001

{ii) For labor hours {including any subcontractor hours reimbursed at the hourly rate in the schedule}, when timecards are required as substantiation for payment-(A) The original timecards {paper-based or electronic);

(B) The contractor's timekeeping procedures; (C) contractor records that show the distribution of labor between jobs or contracts; and (D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices, *

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost--

(A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The contractor's payment will be made by check. If the contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an 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){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 section 611 of the Contract Disputes Act of 1978 {Public Law 95-563),

which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established 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.

NRC-HQ-7R-16-C-00!)1 (iii) Final Decisions. The Contracting Officer Will issue a final decision as required by 33.211 if-(A) The Contracting Officer and the contractor are unaple to reach agreement on the existence or amount of a debt in a timely manner; (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.FAR 32.607-;.2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shali identify the .same due date as the originai demand for payment.

(v) Amounts shall be due at the earliest of the followin,g dates:

(A) The date fixed under this contract (B) The date of the first written demand for payment, including any.demand fot 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 ori--

(A) The date on which the designated office receives payment from the contractor; (B)The date of issuance of a Govemme_nt 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.

(viii) Upon receipt and approval of the invoice designated by the contractor as _the "completion invoice" and supporting documentation, and upon compliance by the contractor with all terms of this contract, any outstanding balances will-be paid within 30 days unless the parties agree otherwise. The completion invoice, ;:ind s4pporting documentation, shall be submitted by the contractor as promptly as practicable following completion of the work under this contract, but in no event later than *1 year (or such longer period as the Contracting Officer may approve in writing} from the date of completion.

(7) Release of claims. The contractor, and each assignee under an assignment entered into under this contract and in effect atthe time of final payment under this contract, shall execute and deli~er, at the time of and as a condition precedent to final payment under this contract, a

NRC-HQ-7R-16-C-0001 release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the contractor to third parties arising out of performing this contract, that are not known to the contractor on the date of the execution of the release, and of which the contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the contractor that the Government is prepared to make final payment, whichever is earlier.

(iii) Claims for reimbursement of costs (other than expenses of the contractor by reason of .

its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the contractor under the terms of this contract relating to patents, (8) 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. *

(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-S(b) for the appropriate EFT clause.

(10) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

0) 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.

{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 an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the contractor plus reasonable charges the contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that 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

NRC-HQ-7R-16-C-0001 give the Government any right to audit the contractor's records. The contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(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 Government takes 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 under this 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. 3701, et seq.,

Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 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 Compliances, and Compliance with Laws Unique to Government Contracts 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 c;;lause.

(7) The Standard Form 1449.

NRC-HQ-TR-16-C-0001 (8) Other documents, exhibits, and attachments (9) The specification.

(t) Central contractor Registration (CCR).

(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 CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR 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 CCR database; (B) 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 CCR 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 CCR 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 CCR database. Information provided to the contractor's CCR 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) Offerors and contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

NRC-HQ-7R-16-C-0001 C.7 52.212-5 CONTRACT TERMS ANO CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS**COMMERCIAL ITEMS (N_OV 2012)

(a) The contractor shali comply with the following Federal Acquisition Regulation (FAR) cla1,1ses, which are incorporated i_n this .contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of <;:ommercial items:

(1) 52.222-50, Combating Trafficking-in Persons (FEB.2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).

(2) 52.233-3, Protest After Award (Aug_ 1996) (31 U.S.C. 3553).

(3) 52233-4, Appli9Bble Law for.Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The contractor shall comply with the FAR clauses in this paragraph (b)that the Contracting Officer has indicated as being incorporated in this contr~ct by reference to implement provisions of law or Executive ord ers ~pplicable to acquisitions qfoommercial items:

1

[X] (1) 52.203~6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 u.s.t. 253g and 10 u.s.c. 2402).

D (2) 52.203-13, contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, TitleVI, Chapter 1 (41 U.S._C; 251 note)).

D (3) 52.203-15, Whistleblower_Protections under the American Recovery and Reinvestment Act of 2009 (~UN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and. Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U,s:c. 6101 note).

D (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). .

[X] (6) 52.209'-6, Protecting the Government's Interest When Subcontracting with contractors Debarred, Suspended, or Proposed for Debarment. (Dec*2010) (31 U.S.C. 6101 note).

D (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110~161)

D (8) 52.219-3; Notice of Total HUBZorie Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C. 657a). *

D (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offerer elects to wajve the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

NRC-HQ-7R-16-C-0001 D (10) [Reserved]

[X] (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[X] (ii) Alternate I (Oct 1995) of 52.219-6.

D (iii) Alternate II (Mar 2004) of 52.219-6.

D (12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

D (ii) Alternate I (Oct 1995) of 52.219-7.

D (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (13) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)).

D* (14)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).

D (ii) Alternate I (Oct 2001) of 52.219-9.

D (iii) Alternate II (Oct 2001) of 52.219-9.

D (iv) Alternate Ill (JUL 2010) of 52.219-9.

[X] (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

D (16) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4 )(F)(i)).

D (17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (1 O U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

D (ii) Alternate I (June 2003) of 52.219-23.

D (18) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

D (19) 52.219-26, Small Disadvantaged Business Participation Program--lncentive Subcontra~ting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

D (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

[X] (21) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C 632(a)(2)).

D (22) 52.219-29.Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2011 ).

NRC-HQ-7R-16-C-0001 D (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (APR 2011 ).

[X] (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

D (25) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O.

13126).

[X] (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (27) 52.222-26, Equal Opportunity (Mar 2007) (E.0. 11246).

[X] (28) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[X] (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

[X] (30) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[X] (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 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 (33)(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.)

D (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 (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C.

8259b).

[X] (35)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

D(ii) Alternate I (DEC 2007) of 52.223-16.

[X] (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

D (37) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

D (38)(i) 52.225-3, Buy American Act-Free Trade Agreements-- Israeli Trade Act (JUN 2009) (41 U.S.C.10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-n, 108-78, 108-286, 108-302, 109-53 and 109-169, 109-283, and-110-138).

D (ii) Alternate I (Jan 2004) of 52.225-3.

NRC-HQ-7R-16-C-0001 D (iii) Alternate II (Jan 2004) of 52.225-3.

D (39) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (40) 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 (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

D (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 u.s.c. 5150).

D (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 u.s.c. 255(f), 10 u.s.c. 2307(f)).

D (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),

10 u.s.c. 2307(f)).

D (45) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

D (46) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

0 (47) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

D (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

D (49)(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).

D (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:

D (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

D (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

Employee Class Monetary Wage-Fringe Benefits

N RC-HQ-7R-16-C-0001 D (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

D (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

D (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C.

351, et seq.).

D (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.}.

D (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247}

[X] (8) 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 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} 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)}.

NRC-HQ-7R-16-C-0001 (ii) 52.219-~, Utilization of Small Business Concerns (DEC 2010) (15 U.S,C. 637(d)(2)and (3)), in all subcontracts that offer further subcontrc;1cting opportunities. If the subcontract (except subcontracts to small business concern.~) exceed~ $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontractiriQ opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Oppo~unity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmaiive Action for Workers. with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 IJ.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C.-7104(9)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 u.s..t. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).

{xii) 52.222-,54, Employee Eligibility Verification {JAN 2009)

(xiii) 52.426-6, Promoting Excess Fc;>od Donation to Nonprofit Organizations ..(MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52;226-6.

(xiv) 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). Flow down required in accordance with paragraph (d) of FAR cl~use 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 contract_ual obligations.

C.8 5~.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

(a) The Contractor shall select subcontractors (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the contract.

NRC-HQ.;7R-16-C-0001 (b} If the Contractor is an approved mentor under the Department of Defense Pilot Mentor-Protege Program (Pub. L. 101-510, section 831 as amended), the Contractor may award subcontracts under this contract on a noncompetitive basis to its proteges.

C.. 9 2052~204.70 SECURITY (MAR 2004)

(a) Contract Security and/or Classification Requirements (NRC Form 187). The policies, procedures, and criteria of the NRC Security Program, NRC Management Directive (MD) 12 (including MD 12.1, "NRC Facility Sec:urity Program;" MD 12.2, ".NRC Classified lnformat,on Security Program;" MD 12.3, "NRC Personnel Security Program;" MD 12A, "NRC Telecommunications Systems Security Program;" MD 12.5, "NRC Automated Information SystemsSe~urity Program;" and Mp 12.t;,, "NRC Sensitive ~nclassified Information Security Program"), apply to performance of this contract, subcontract or *other activity. This MD is incorporated into this contract by reference as though fully set forth herein. The attached* NRC Form 187 (See List of Attachments) furnishes the basis.for.providing security arid classification requirements to *prime contractors, subcontractors, or others (e.g., bidde~) who have or may have an NRC contractual relationship that requires access to classified Restricted Data or National Security Information or matter, access to sensitive unclassified informc1tion (e.g.,

Safeguards), ~ccess to sensitive Information Technology (IT) systems or data, uriescortec;I access to NRC controlled buildings/space, Qr unescorted access to protected and vital areas of nuclear power plants. - *

(b) It is the contractor's duty to protect National Security lnformatic:>n, Restricted Data, and Formerly Restricted Data. The contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for protecting National Security lrifor,mation, Restricted Data, and Formerly Restricted Data, and for protecting agaihstsaboJage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the performance olwoi'k under this contract. Except as otherwise expressly provided in this contract, tt,e contractor shall, Lipon completion or termination of this contract, transmit to 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. If reteritiori by the contractor ~f any classified niatter is requirect after the completion or termination of lhe contract arid the retention is approvecl by the con~racting officer, the contractor shall complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained. The certification must identify the items and types or categories of rttatter 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 retciined.

(c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire, safeguards information, or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L. 93:579), or other information which has not been released to the public or has been determined by the Commission to be otherwise exempt from disclosure to the public, The contractor shall ensure that information protected from public disclosure is maintained ai:; required by NRC regulations and policies, as cited in this contract or as otherwise provided by the NRC. The contractor will not directly or indirectly duplicate; disseminate, or disclose the information in whole.or in part to any other person or organization except as may be necessary to perform the work under this contract. The contrf;'lctor agrees.to return the informatio.h to the Commission or otherwise

NRC-HQ-7R-16-C-0001 dispose of it at the 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 (DFS) and the Contracting Officer. These changes will be under the authority of the FAR Changes clause referenced in this document.

The contractor agrees to comply with the security requirements set forth in NRC Management Directive 12.1, NRC Facility Security Program which is incorporated into this contract by reference as though fully set forth herein. Attention is directed specifically to the section titled "Infractions and Violations," including "Administrative Actions" and "Reporting Infractions."

(e) Definition of National Security Information. The term National Security Information, as used in this clause, 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. The term Restricted Data, as used in this clause, means all data concerning design, manufacture, or 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 pursuant to Section 142 of the Atomic Energy Act of 1954, as amended.

(g) Definition of Formerly Restricted Data. The term Formerly Restricted Data, as used in this clause, means all data removed from the Restricted Data category under Section 142-d of the Atomic Energy Act of 1954, as amended.

(h) Definition of Safeguards Information. Sensitive unclassified information that specifically identifies the detailed security measures of a licensee or an applicant for the physical protection of special nuclear material; or security measures for the physical protection and location of certain plant equipment vital to the safety of production of utilization facilities. Protection of this information is required pursuant to Section 147 of the Atomic Energy Act of 1954, as amended.

(i) Security Clearance. 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 required. The contractor shall also execute a Standard Form 312, Classified Information Nondisclosure Agreement, when access to classified information is required.

G) Criminal Liabilities. It is understood that disclosure of National Security Information, Restricted Data, and Formerly Restricted Data relating to the work or services ordered hereunder to any person not entitled to receive it, or failure to safeguard 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 with work 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 of 1954, as amended, 42 U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; and Executive Order 12958.)

NRC-HQ-7R-16-C-0001 (k) 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.

(I) In performing the contract work, the contractor shall classify all documents, material,, and equipment originated or generated by the contractor in accordance with guidance issued by the Commission. Every subcontract and purchase order issued hereunder involving the origination or generation of classified documents, material, and equipment must provide that the subcontractor or supplier assign classification to all documents, material, and equipment in accordance with guidance furnished by the contractor.

C.10 2052.204-71 SITE ACCESS BADGE REQUIREMENT During the life of this 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 Government. The COR shall assist the contractor in obtaining the badges for the contractor personnel. It is the sole responsibility of the contractor to ensure that each employee has proper identification at all times. All prescribed identification must be immediately delivered to the Security Office for cancellation or disposition upon the termination of employment of any contractor personnel. Contractor personnel must 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.

C.11 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

NRC-HQ-7R-16-C-0001 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 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 suet) 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. Col)sequently, 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

NRC-HQ-7R-16-C-0001 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 in.elude 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.

NRC-HQ-7R-16-C-0001 (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 esseritially 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.

C.12 SECURITY REQUIREMENTS FOR BUILDING ACCESS APPROVAL (AUG 2011)

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 employee, subcontractor employee, 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 years; (b) alcohol related arrest within the last five years; (c) record of any military courts-martial convictions in the past 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 years; (e) delinquency on any federal debts or bankruptcy in the last seven 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 copies of the pre-screening signed record or review shall be supplied to FSB/DFS 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 ten

NRC-HQ-7R-16-C-0001 business days of notification by FSB/DFS 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 security clearance 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 FSB/DFS. 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 NRG. Such emplpyee will not be authorized to work under any NRG contract requiring building access without the approval of FSB/DFS. When an individual receives final access, the individual will be subject to a review or reinvestigation every five years.

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 Form 85P (Questionnaire for Public Trust Positions), and two FD 258 (Fingerprint Charts). Non-U.S. citizens must provide official documentation to the FSB/DFS, 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 two years residency in the U.S. will not be approved for building access. The Contractor shall submit the documents to the NRG COR who will give them to FSB/DFS.

FSB/DFS 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 Form 85P and the '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 FSB/DFS 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.

CANCELLATION OR TERMINATION OF BUILDING ACCESS/ REQUEST

NRC-HQ-7R-16-C-0001 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 FSB/DFS (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 FSB/DFS within three days after their termination.

C.13 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II ACCESS APPROVAL (AUG 2011)

The proposer/Contractor must identify all individuals and propose the level of Information Technology (IT) approval for each, using the following guidance. The NRC sponsoring office shall make the final determination of the level, if any, of IT approval required for all individuals working under this contract. The Government shall have and exercise full and complete control and discretion over granting, denying, withholding, or terminating IT access approvals for individuals performing work under this contract.

The Contractor shall conduct a preliminary security interview or review for each IT level I or II access approval Contractor applicant and submit to the Government only the names of candidates that have a reasonable probability of obtaining the level of IT security access for which the candidate has been proposed. The Contractor will pre-screen its applicants for the following:

(a) felony arrest in the last seven years; (b) alcohol related arrest within the last five years:

(c) record of any military courts-martial convictions in the past ten 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 years; (e) delinquency on any federal debts or bankruptcy in the last seven 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 copies of the signed Contractor's pre-screening record or review will be supplied to FSB/DFS 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 IT access security applications required by this clause within ten business days of notification by FSB/DFS of initiation of the application process. Timely receipt of properly completed records of the pre-screening record and IT access security applications (submitted for candidates that have a reasonable probability of obtaining the level of security assurance 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.

SECURITY REQUIREMENTS FOR IT LEVEL I Performance under this contract will involve prime Contractor personnel, subcontractors or others who perform services requiring direct access to or operate agency sensitive information

NRC-HQ-7R-16-C-0001 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.

A Contractor employee shall not have access to sensitive information technology systems or data until he/she is approved by FSB/DFS. Temporary IT access may be approved based on a favorable review or adjudication of their security forms and checks. Final IT access may be approved based on a favorably review or adjudication. 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 requiring IT access without the approval of FSB/DFS. Where temporary access authorization has been revoked or denied, the Contractor is responsible for assigning another individual to perform the necessary work under this contract without delay to the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract. When an individual receives final IT access, the individual will be subject to a reinvestigation every ten years.

The Contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 85P (Questionnaire for Public Trust Positions), two copies of the Contractor's signed pre-screening record and two FD 258 fingerprint charts, through the COR to FSB/DFS for review and favorable adjudication, prior to the individual performing work under this contract.

The Contractor shall assure that all forms are accurate, complete, and legible. Based on FSB/DFS review of the Contractor applicant's security forms and/or the receipt of adverse information by NRC, the individual may be denied access to NRC facilities, sensitive information technology systems or data until a final determination is made of his/her eligibility.

In accordance with NRCAR 2052.204 70 "Security," IT Level I Contractors shall be subject to the attached NRC Form 187 (See Section J for List of Attachments) and SF- 85P which furnishes the basis for providing security requirements to prime Contractors, subcontractors or others (e.g., bidders) who have or may have 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 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 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.

A Contractor employee shall not have access to sensitive information technology systems or data until he/she is approved by FSB/DFS. Temporary access may be approved based on a favorable review of their security forms and checks. Final IT access may be approved based on a favorably adjudication. However, temporary access authorization approval will be revoked and

NRC-HQ-7R-16-C-0001 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 requiring IT access without the approval of FSB/DFS. Where temporary access authorization has been revoked or denied, the Contractor is responsible for assigning another individual to perform the necessary work under this contract wijhout delay to the contract's performance schedule, or without adverse impact to any other terms or conditions of the contract. When an individual receives final IT access, the individual will be subject to a review or reinvestigation every ten years.

The Contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 85P (Questionnaire for Public Trust Positions), two copies of the Contractor's signed pre-screening record and two FD 258 fingerprint charts, through the COR to FSB/DFS for review and favorable adjudication, prior to the individual performing work under this contract.

The Contractor shall assµre that all forms are accurate, complete, and legible. Based on FSB/DFS review of the Contractor applicant's security forrns and/or the receipt of adverse information by NRC, the individual may be denied access to NRC facilities, sensitive information technology systems or data until a final determination is made of his/her eligibility.

In accordance with NRCAR 2052.204 70 "Security," IT Level II Contractors shall be subject to the attached NRC Form 187 (See Section J for List of Attachments), SF- 85P, and Contractor's record of the pre-screening which furnishes the basis for providing security requirements to prime Contractors, subcontractors or others (e.g. bidders) who have or may have 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 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.

CANCELLATION OR TERMINATION OF IT ACCESS/REQUEST When a request for IT access is to be withdrawn or canceied, the Contractor shall immediately notify the COR by telephone in order that he/she will immediately contact FSB/DFS so that the access review may be promptly discontinued. The notification shall contain the full name of the individual, and the date of the request. Telephone notifications must be promptly confirmed by the Contractor in writing to the COR who will forwarcl the confirmation via email to FSB/DFS.

Additionally, FSB/DFS must be immediately notified in writing when an individual no longer requires access to NRC sensitive automated information technology systems or data, including the voluntary or involuntary separation of employment of an individual who has been approved for or is being processed for IT access.

C-14 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 or December 23, 2021. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

NRC-HQ-7R-16-C-0001 C.15 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the contractor

within the contract period; provided that the Government gives the contractor a preliminary written notice of its intent to extend at least 30 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 6/23/2021 and 6 months.

C.16 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract beyond 6/23/2017. The Government's obligation under this contract 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 beyond 6/23/2017 may arise until funds are made available to the Contracting Officer for this contract and until the contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

C.17 2052.215-70 KEY PERSONNEL (JAN 1993)

(a) The following individuals are considered to be essential to the successful performance of the work hereunder:

WTI Su ort Staff Name Total Contract Ceiling hours per labor category:

rb)(4)

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 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.

NRC-HQ-7R-16-C-0001 (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 COR 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.

C.18 CONTRACTING OFFICER REPRESENTATIVE AUTHORITY (Alternate I)

(a) The contracting officer's authorized representative (hereinafter referred to as the COR) for this contract is:

Name: Angelina Chapeton Address: 11545 Rockville Pike M/S TWFN 6E20 Rockville, MD 20852 Agenlina.chapeton@nrg.gov Telephone Number: 301-415-7370 (b) Performance of the work under this contract is subject to the technical direction of the NRC COR. 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 (SOW) or changes to specific travel identified in the SOW), fills in details, or otherwise serves to accomplish the contractual SOW.

(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, approval of 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 COR 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.

NRC-HQ-7R-16-C-0001 (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 COR or must be confirmed by the COR 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.

(e) The contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this clause and within the COR's authority under the provisions of this clause.

(f) If, in the opinion of the contractor, any instruction or direction issued by the COR is within one of the categories as 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 the 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 COR 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 thereto is subject to 52.233-1 -Disputes.

(i) In addition to providing technical direction as defined in paragraph (b) of the section, the COR 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.

(4) Assist the contractor in obtaining the badges for the contractor personnel.

NRC-HQ-7R-16-C-0001 (5) Immediately notify the Security Branch, Division of Facilities and Security (SB/DFS) (via e-mail) when a contractor employee no longer requires access authorization and return of any NRC issued badge to SB/DFS within three days after their termination.

(6) Ensure that all contractor employees that require access to classified Restricted Data or National Security Information or matter, access to sensitive unclassified information (Safeguards, Official Use Only, and Proprietary information) access to sensitive IT systems or data, unescorted access to NRC controlled buildings/space, or unescorted access to protected and vital areas of nuclear power plants receive approval of SB/DFS prior to access in accordance with Management Directive and Handbook 12.3. *

(7) For contracts for the design, development, maintenance or operation of Privacy Act Systems of Records, obtain from the contractor as part of closeout procedures, written certification that the contractor has returned to NRC, transferred to the successor contractor, or destroyed at the end of the contract in accordance with instructions provided by the NRC Systems Manager for Privacy Act Systems of Records, all records (electronic or paper) which were created, compiled, obtained or maintained under the contract.

C.19 52.227-17 RIGHTS IN DATA* SPECIAL WORKS (AUG 2011)

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

"Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

"Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of Rights.

(1) The Government shall have--

(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause.

(ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c}(1) of this clause.

(iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause.

(2) The contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract.

(c) Copyright-

NRC-HQ-7R-16-C-0001 (1) Data first produced in the performance of this contract.

(i) The contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When copyright is asserted, the contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship {including contract number) to the data when delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S.

Copyright Office. The contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government.

(ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph {c)(1 )(I) of this clause, the Contracting Officer shall direct the contractor to assign (with or without registration),

or obtain the assignment of, the copyright to the Government or its designated assignee.

(2) Data not first produced in the performance of this contract. The contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause.

(d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer.

(e) Indemnity. The contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the contractor as soon as practicable of any claim or suit, affords the contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the contractor's consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the contractor by the Government and incorporated in data to which this clause applies.

C.20 COMPLIANCE WITH U.S. IMMIGRATION LAWS AND REGULATIONS (AUG 2011)

NRC contractors are responsible to ensure that their alien personnel are not in violation of United States immigration laws and regulations, including employment authorization documents and visa requirements. Each alien employee of the contractor must be lawfully admitted for

permanent residence as evidenced by Permanent Resident Card Form 1-551, or must present other evidence from the U.S. Department of Homeland Security/U.S. Citizenship and Immigration Services that employment will not affect his/her immigration status. The U.S; Citizenship and Immigration Services provides information to contractors to help them understand the employment eligibility verification process for non-US citizens. This information can be found on their website, www.uscis.gov.

The NRC reserves the right to deny or withdraw contractor use or access to NRC facilities or its equipmenUservices, and/or take any number of contract administrative actions (e.g., disallow costs, terminate for cause) should the contractor violate the contractor's responsibility under this clause.

C.21 WHISTLEBLOWER PROTECTION FOR NRC CONTRACTOR AND SUBCONTRACTOR EMPLOYEES (AUG 2011)

(a) The U.S. Nuclear Regulatory Commission (NRC) contractor and its subcontractor are subject to the Whistleblower Employee Protection public law provisions as codified at 42 U.S.C.

5851. NRG contractor(s) and subcontractor(s) shall comply with the requirements of this Whistleblower Employee Protection law, and the implementing regulations of the NRC and the Department of Labor (DOL). See, for example, DOL Procedures on Handling Complaints at 29 C.F.R. Part 24 concerning the employer obligations, prohibited acts, DOL procedures and the requirement for prominent posting of notice of Employee Rights at Appendix A to Part 24.

(b) Under this Whistleblower Employee Protection law, as implemented by regulations, NRG contractor and subcontractor employees are protected from discharge, reprisal, threats, intimidation, coercion, blacklisting or other employment discrimination practices with respect to compensation, terms, conditions or privileges of their employment because the contractor or subcontractor employee(s) has provided notice to the employer, refused to engage in unlawful practices, assisted in proceedings or testified on activities concerning alleged violations of the Atomic Energy Act of 1954 (as amended) and the Energy Reorganization Act of 1974 (as amended).

(c) The contractor shall insert this or the substance of this clause in any subcontracts involving work performed under this contract.

C.22 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 COR shall ensure that the contractor has communicated the requirement for on-site contractor staff to follow the guidance in the OEP. The NRC COR also will assist in accounting for on-site ~ntract persons iri 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.

C.23 AUTHORITY TO USE GOVERNMENT PROVIDED SPACE AT NRC HEADQUARTERS (AUG *2011)

I Prior to occupying any government provided space at NRC HQs in Rockville rv'!aryland, the contractor shall obtain written authorization to occupy specifically designated government space, via the NRC COR, from the Chief, Space Design Branch, ADSPC. 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 de<<;lucted from the invoice amount due the contractor (2) Removal from the space occupied (3) Contract Termination C.24 BILLING INSTRUCTIONS FOR LABOR HOUR/TIME AND MATERIAL TYPE CONTRACTS General: During performance and through final payment of this contract, the contractor is responsible for the accuracy and completeness of data within the Central Contractor Registration (CCR) database and for any' liability resulting from the Ge>vernment's reliance on inaccurate or incomplete CCR 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: Clai.ms 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. Department of the Interior's National Business Center, via email to: NRCPayments NBCDenver@NBC.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

Department of the Interior National Business Center Attn: Fiscal Services Branch - D2770 7301 West Mansfield Avenue Denver, CO 80235-2230 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) 13.1, IV, C - "Reporting Requirements" (revised 2/16/2011).

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.

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 NRC-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 musfbe expressed in U.S. Dollars.

INVOICENOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL

{SAMPLE FORMAT - COVER SHEET)

1. Official Agency Billing Office Department of the Interior National Business Center

Attn: Fiscal Services Branch - D2770 7301 West Mansfield Avenue Denver, Co 80235-2230

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. If the Payee assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Payee shall require as a condition of any such assignment, that the assignee shall register separately in the Central Contractor Registration (CCR) database at http://www.ccr.gov and shall be paid by EFT in accordance with the terms of this contract. See Federal Acquisition Regulation 52.232-33(9) Payment by Electronic Funds Transfer - Central Contractor Registration (October 2003).

c. Contract Number. Insert the NRC contract number (including Enterprise-wide Contract (EWC)), GSA Federal Supply Schedule (FSS), Government-wide Agency Contract (GWAC) number, or Multiple Agency Contract (MAC) number, as applicable.

d. Reserved

e. 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.

f. Date of lnvoiceNoucher. Insert the date the invoice/voucher is prepared.

g. 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.

h. 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.

i. 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.

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

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

I. Instructions. Include Instructions to consignee to notify the Contracting Officer of receipt of shipment.

m. For Indefinite Delivery contracts, the final invoice/voucher shall be marked "FINAL INVOICE" or "FINAL VOUCHER".

n. 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 Hours Burdened Cumulative Category Billed Hourly Rate Total Hours Billed (2) Reserved (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) Reserved (6) Travel. Total costs associated with each trip must be shown in the following format:

Start Date Destination Costs From To 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.)

o. Total Amount Billed. Insert columns for total amounts for the current and cumulative periods.

p. Adjustments. Insert columns for any adjustments, including outstanding suspensions for unsupported or unauthorized hours or costs, for the current and cumulative periods.

q. 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 _ _.

Amount Billed Current Period Cumulative (a) Direct Costs (1) Direct burdened labor $ $

(2) Reserved (3) Government property, Materials, and Supplies (under $50,000 per item) $ $

(4) Materials Handling Fee $ $

(5) Reserved $ $

(6) Travel $ $

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) Direct Burdened Labor - $4,800 Labor Hours Fixed HourlyCumulative Category Billed Rate Total Hours Billed Senior Engineer I 100 $28.00 $2,800 975 Engineer 50 $20.00 $1,000 465 Computer Analyst 100 $10.00 $1,000 320

$4,800 1,760 hrs.

Burdened labor rates must come directly from the contract.

2) Government-furnished and contractor-acquired property ($50,000 or more) - $60,000 Prototype Spectrometer - item number 1000-01 = $60,000

3) Government-furnished and contractor-acquired property (under $50,000), Materials, and Supplies - $2,000 10 Radon tubes @$110.00 = $1,100 6 Pairs Electrostatic gloves @ $150.00 = !_J!QQ

$2,000

4) Materials Handling Fee - $40 (2% of $2,000 in item #3)

5) Reserved

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

Start Date End Date Days From To Cost

. 4/1/2011 4/7/2011 7 Philadelphia, PA Wash, D.C. $300 7/1/2011 7/8/2011 8 Philadelphia, PA Wash, D.C. $300 (ii) Per Diem: $136/day x 15 days= $2,040

7) Reserved Total Amount Billed $99,580 Adjustments (+/-) 0 Grand Total $99,580

4. Definitions 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.

General: During performance and through final payment of this contract, the contractor is responsible for the accuracy and completeness of data within the Central Contractor Registration (CCR) database and for any liability resulting from the Government's reliance on inaccurate or incomplete CCR data.

The contractor shall prepare invoices/vouchers for payment of deliverables identified in the contract, in the manner described herein. FAILURE TO SUBMIT INVOICESNOUCHERS IN ACCORDANCE WITH THESE INSTRUCTIONS MAY RESULT IN REJECTION OF THE INVOICENOUCHER AS IMPROPER.

Standard Forms: Payment requests for completed work, in accordance with the contract, 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."

NRC-HQ-12-C-10-0001 Electronic lnvoiceNoucher Submissions: The preferred method of submitting invoices/vouchers is electronically to the U.S. Department of the Interior's National Business Center, via email to: NRCPayments NBCDenver@NBC.gov.

Hard-Cooy 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:

Department of the Interior National Business Center Attn: Fiscal Services Branch - 02770 7301 West Mansfield Avenue Denver, CO 80235-2230 Agency Payment Office: Payment will continue to be made by the office designated in the contract in Block 12 of Standard Form 26, Block 25 of Standard Form 33, or Block 18a of Standard Form 1449, whichever is applicable.

Frequency: The contractor shall submit invoices/vouchers for payment 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.

Final vouchers/invoices shall be marked "FINAL INVOICE" or "FINAL VOUCHER".

Currency: lnvoicesNouchers must be expressed in U.S. Dollars.

C.25 ELECTRONIC PAYMENT (SEP 2013)

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

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: OCFO ObligationsResource@nrc.gov.

ML18157A020

Text

RESPONSE

RESPONSE

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