Text

Contract No. 31310018D0011
	ML18236A374
Person / Time
Issue date:	08/23/2018
From:	Mike Williams; Acquisition Management Division
To:	; Beckman Associates
References
	31310018D0011
	Download: ML18236A374 (61)
	v • d • e

1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES AWARD/CONTRACT UNDER DPAS (15 CFR 350) 1 61

2. CONTRACT (Proc. Inst. Ident.) NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.

31310018D0011 See Block 20C

5. ISSUED BY CODE NRCHQ 6. ADMINISTERED BY (If other than Item 5) CODE US NRC - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP TWFN-07B20M WASHINGTON DC 20555-0001

7. NAME AND ADDRESS OF CONTRACTOR (No., Street, City, Country, State and ZIP Code) 8. DELIVERY FOB ORIGIN X OTHER (See below)

BECKMAN ASSOCIATES INC 9. DISCOUNT FOR PROMPT PAYMENT 1071 STATE RTE 136 SUITE 20 BELLE VERNON PA 150122926 30

10. SUBMIT NVOICES ITEM (4 copies unless otherwise specified)

TO THE ADDRESS SHOWN N CODE 785915794 FAC LITY CODE

11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE NRCPAYMENTS NUCLEAR REGULATORY COMMISSION FISCAL ACCOUNTING PROGRAM ATTN ADMIN TRAINING GROUP AVERY STREET A3-G MAIL BUREAU OF THE FISCAL SERVICE 11555 ROCKVILLE PIKE PO BOX 1328 ROCKVILLE MD 20852 PARKERSBURG WV 26106-1328

13. AUTHORITY FOR US NG OTHER THAN FULL AND OPEN COMPETITION: 14. ACCOUNTING AND APPROPRIATION DATA 10 U.S.C. 2304 (c) ( ) X 41 U.S.C. 253 (c) ( 0 ) See Schedule 15A. ITEM NO 15B. SUPPLIES/SERVICES 15C. 15D. 15E. UNIT PRICE 15F. AMOUNT QUANTITY UNIT Continued 15G. TOTAL AMOUNT OF CONTRACT $11,612,503.82

16. TABLE OF CONTENTS (X) SEC. DESCR PTION PAGE(S) (X) SEC. DESCR PTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCR PTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND NSTRUCTIONS E INSPECTION AND ACCEPTANCE K REPRESENTATIONS, CERTIFICATIONS AND F DELIVER ES OR PERFORMANCE OTHER STATEMENTS OF OFFERORS G CONTRACT ADM NISTRATION DATA L NSTRS., CONDS., AND NOTICES TO OFFERORS H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

17. X CONTRACTOR' S NEGOTIATED AGREEMENT (Contractor is required to sign this 18. AWARD (Contractor is not required to sign this document.) Your offer on document and return copies to issuing office.) Contractor agrees to Solicitation Number 31310018R0002 ,

furnish and deliver all items or perform all the services set forth or otherwise identified including the additions or changes made by you which additions or changes are set forth above and on any continuation sheets for the consideration stated herein. The rights and in full above, is hereby accepted as to the items listed above and on any condition obligations of the parties to this contract shall be subject to and governed by the following sheets. This award consummates the contract which consists of the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, documents: (a) the Government's solicitation and your offer, and (b) this award/contract.

representations, certifications, and specifications, as are attached or incorporated by No further contractual document is necessary.

reference herein. (Attachments are listed herein.)

19A. NAME AND TITLE OF SIGNER (Type or print) 20A. NAME OF CONTRACTING OFFICER MONIQUE B. WILLIAMS 19B. NAME OF CONTRACTOR 19C. DATE SIGNED 20B. UNITED STATES OF AMERICA 20C. DATE SIGNED BY BY 08/23/2018 (Signature of person authorized to sign) (Signature of the Contracting Officer)

STANDARD FORM 26 (Rev. 4-85)

NSN 7540-01-152-8069 Prescribed by GSA PREVIOUS EDITION IS UNUSABLE FAR (48 CFR) 53.214(a)

REFERENCE NO. OF DOCUMENT BE NG CONTINUED PAGE OF CONTINUATION SHEET 31310018D0011 2 61 NAME OF OFFEROR OR CONTRACTOR BECKMAN ASSOCIATES INC ITEM NO. SUPPL ES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F)

The contractor shall perform the services described in the Statement of Work and Terms and Conditions.

Contract Type: Cost - Plus - Fixed - Fee Maximum Order Limitation including all options:

$11,612,503.82 Period of Performance: 9/1/2018 - 8/31/2020 with three additional one-year optional periods.

Period of Performance: 09/01/2018 to 08/31/2020 NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Reference:

Approved inspection plan developed under Element 2. Each inspection has more specific inspection plan which details which inspection element, i.e., calculation or other inspection sample the contract inspector shall review.

Task 6- Provide DBA Inspection Element 5 - Documentation of Inspection Results:

Requirement: The contractor inspectors shall provide written input to the NRC inspection report to the RTL in accordance with Inspection Manual Chapter (IMC) 0612, Page 8

"Power Reactor Inspection Reports" as a Microsoft Word file. The manual is available on the following link: https://www.nrc.gov/docs/ML1305/ML13058A316.pdf Standard: The contractor inspectors shall provide inspection input as defined in the time period below. The Inspection Report input shall conform to the requirements provided in IMC 0612 "Power Reactor Inspection Reports and the requirements of the contract.

Deliverable: The contractor inspectors shall submit the Inspection Report input in Microsoft Word format to the RTL.

Due: The contractor inspectors shall electronically submit the Inspection Report input to the RTL within seven calendar days after the inspection exit date. The RTL may extend this due date if additional reviews are needed.

Additional Guidance or

Reference:

After the inspection report input is submitted to the RTL, the contractor inspector shall not perform additional work on the inspection report unless directed by the RTL. The Inspection Report input shall be electronically transmitted directly from the contractor inspector to the RTL.

The contractor inspectors may be required to provide additional inspection input or reviews, which typically require 20-40 hours per instance. A provision for this additional scope will be stated in the task order describing the inspection(s).

Task orders may be issued by the NRC CO requesting discussions and support for NRC presentations such as answering questions at teleconferences, workshops, or other NRC meetings to describe findings from the DBA inspections over the life of the contract.

Task 7- Optional Inspections:

Task orders may be issued by the NRC CO to request contractor support for other inspections, or to support NRC training needs such as: (1) inspections of plant modifications; (2) supplemental inspections at plants which, experience degraded performance in accordance with the ROP Action Matrix available at the following link:

https://www.nrc.gov/reactors/operating/oversight/actionmatrix-summary.html; (3) reactive inspections such as Augmented Inspection Teams and Special Inspections; (4)

Independent Design Verification Programs; (5) Integrated Design Inspections; and (6)

Provide design inspection training to NRC inspectors as directed by the COR. As appropriate, the NRC may require support for inspections of design or operations not identified above.

For these inspections or to provide training to NRC inspectors, the contractor may need to pursue key personnel with specific engineering skills that are not available from key personnel previously defined in the contract. The specific engineering skills will be listed with each task order for the optional inspections.

Typically between a maximum of six of these inspections and one training request shall be required each year of contract performance. These inspections shall be conducted in accordance with the applicable inspection procedure referenced and/or provided with each task order. These inspections may contain the same elements as required above Page 9

for the DBA inspections. Any differences will be described in the applicable task order issued to request the work.

C.5.1 Performance Standards/Evaluations The services and deliverables provided under this contract will be evaluated to determine whether or not they meet the performance requirements and standards set forth in the contract. The COR will evaluate the contractors performance after each completed inspection using the Contractor Inspector Performance Assessment Form in . When a performance requirement is not met, the deficiency will be first brought to contractor inspector's attention by the RTL. Significant or repetitive deficiencies will be brought to the attention of the contractor for resolution by the NRC CO. The contractor shall be allowed to respond to the deficiency and the NRC will evaluate the response.

C.6 Estimated Labor Categories, Key PersonneL Labor Categories, Requirements and Key Personnel. Personnel working under this contact shall meet the minimum requirements for experience and education, as follows:

Labor Position Minimum Requirements Minimum Key Category Number of Personnel*

Personnel (Yes or Required No)

Contract Two years of contract administration One No Project experience such as scheduling inspections Manager and ensuring training requirements are met by inspectors Mechanical 1. Bachelors degree in Mechanical Five Yes Systems Engineering AND

2. Minimum of 5 years of work experience at either architect engineering firms or suppliers of nuclear supply systems or at commercial nuclear plants in the performance of or review of calculations in the area of mechanical design, heat transfer analysis or fluid flow calculations.

3. Other technical degrees (e.g., Physics or other engineering or technical degrees), other than Bachelors degree in Mechanical Engineering are acceptable as long as persons filling this position have at least five years of work experience at either architect Page 10

engineering firms or suppliers of nuclear supply systems or at commercial nuclear plants in the performance of or review of calculations in the area of mechanical design, heat transfer analysis or fluid flow calculations.

Education and Skillsets that are not Required, but Desired:

Demonstrated understanding of NRC's Reactor Oversight Process (ROP) and regulatory requirements for nuclear power reactor plant design (i.e., Title 10 CFR Part 50 Appendix A) and operation through having performed baseline design inspections in the last five years.

Electrical 1. Bachelors degree in Electrical Five Yes Power Systems Engineering AND

2. Minimum of 5 years of work experience at either architect engineering firms or suppliers of nuclear supply systems or at commercial nuclear plants in the performance of or review of calculations in the area of electrical design, AC and DC bus load calculations, or other commonly performed electrical calculations performed for commercial nuclear reactor safety systems.

3. Other technical degrees (e.g., Physics or other engineering or technical degrees), other than Bachelors degree in Electrical Engineering are acceptable as long as persons filling this position have at least five years of work experience at either architect engineering firms or suppliers of nuclear supply systems or at commercial nuclear plants in the performance of or review of calculations in the area of electrical design, AC and DC bus load calculations or other commonly performed electrical calculations performed for commercial nuclear reactor safety systems.

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Education and Skillsets that are not Required, but Desired:

Demonstrated understanding of NRC's Reactor Oversight Process (ROP) and regulatory requirements for nuclear power reactor plant design (i.e., Title 10 CFR Part 50 Appendix A) and operation through having performed baseline design inspections in the last five years.

See NRCAR 2052.215-70, Key Personnel General - Contractor Personnel:

The contractor shall provide a Project Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the Project Manager is absent shall be designated in writing to the CO.

The Project Manager and alternate Project Manager shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The Project Manager and alternate shall be available by phone from 8:00 AM to 4:00 PM daily except Federal holidays or when the Government facility is closed for administrative reasons.

The contractor shall not employ persons for work on this contract if such employee is considered by the contracting officer to be a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. Contractor personnel attending meetings, answering phones, and working in other situations where their status is not obvious are required to identify themselves as such to avoid creating the impression that they are Government officials.

The contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest.

Work Hours for each DBA Inspector:

The typical schedule of activities for a single DBA inspection per each DBA contractor inspector is provided below. During the task, the RTL may revise the schedule of activities below for the contractor inspectors. This is acceptable, provided the overall scope of the task or period of performance of the task is not changed.

Week Description Hours Days 1 Inspection preparation at region or site 44 5 2 Inspection at plant site 50 5 3 Contractor assigned specialist home office 40 5 review of findings 4 Inspection at plant site 50 5 5 Documentation of inspection results 20 5 Page 12

Total 204 25 days NOTE - DBA inspections at the site and travel days typically require ten-hour work days. DBA inspections require two contractor inspectors (one mechanical and one electrical inspector).

C.7 Certification and License Requirements Not Applicable C.8 Reporting Requirements All reports shall be emailed to the RTL, where referenced under C.4 Scope of Work. The following reports below shall be emailed to the COR and CO:

C.8.1 Financial Status Report The contractor shall electronically provide a copy of the financial status report to the NRC CO and COR by the 15th of each month, in Adobe PDF format. The financial status report shall include the task order period of performance and the period covered by the report.

The financial status section shall also include (by task) the total contract award amount and funds obligated to date; total costs incurred in the reporting period, broken down by direct and indirect costs; and total cumulative costs incurred to date. The financial status shall also contain the balance of obligations remaining at the end of the period and balance of funds required to complete the contract/work order. Additionally, the report shall address the status of the contractor spending plan for each task order, showing the percentage of project completion and any significant changes in projected expenditures or percentage of completion.

C.8.2 License Fee Recovery Cost Status Report The work for all tasks is license fee recoverable. The contractor shall electronically provide a copy of the License Fee Recovery Cost Status Report to the NRC CO and COR by the 15th of each month, in Adobe PDF format.

The contractor shall provide the total amount of costs incurred during the reporting period and cumulative to date for each work and each work order by facility, pursuant to the provisions on fees of 10 CFR Parts 170 and 171. The License Fee Recovery Status Report must be in the format provided below. There should be only one License Fee Recovery Cost Status (LFRCS) table per contract each month. Each facility in the table should be identified by unit number (e.g., Beaver Valley 2); the facilities should be sorted by docket number; and costs should be reported as whole numbers rounded to the nearest dollar. For work that involves more than one unit at the same site, each unit should be listed separately, and the costs should be split appropriately between the units. The total of the period costs reported in the LFRCS table should equal the total of the period costs reported in the financial status report. In the event the totals of the costs reported in these two tables are not equal, the contractor shall explain the variance in a footnote to the LFRCS table.

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The following is a sample report required for license fee recovery costs:

LICENSE FEE RECOVERY COST STATUS Contract/Task Order No:

Cost Activity Code (CAC):

Title:

Period:

Task Facility Docket Identificatio Costs Order Name and Number n Period Cumulative Unit (Inspection)

Number C.9 List of Deliverables See section C.5 Scope of Work/Tasks and C.8 Reporting Requirements.

C.10 Required Materials/Facilities Not Applicable C.11 Release of Publications Any documents generated by the contractor under this contract shall not be released for publication or dissemination without CO and COR prior written approval.

Any reports generated by the contractor under this contract shall not be released for publication or dissemination without CO written approval.

All information and data related to this project that the contractor gathers or obtains shall be both protected from unauthorized release and considered the property of the Government. The contracting officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. Press releases, marketing material, or any other printed or electronic documentation related to this project, must not be publicized without the written approval of the contracting officer. (See NRCAR

§2052.235-70, Publication of research results).

C.12 Place of Performance The place of performance will vary based on the location of the inspection and may include: the assigned nuclear power reactor plant; the contractor inspectors home office; Page 14

the contractor facility; NRC Headquarters; or NRC Regional Offices. The actual performance locations will be designated in the issued task orders.

The specific task orders will identify which site and Government facilities will need to be accessed. Access to these facilities will be coordinated through the RTL. The NRC will process requests for NRC access badges as needed to support the inspection activities.

C.13 Recognized Holidays The contractor may be required to travel on federal holidays or weekends to support inspection schedules. This will be determined by the RTL and coordinated with the contractor inspectors.

In the event of facility closures or emergency situations, contractor inspectors should attempt to leave a message and contact information on the RTLs regional office voicemail and email, requesting further instructions. If the RTL is not available, the contractor inspectors should contact the COR(s) for further instruction. The COR/RTL may grant permission for performing work at home offices during government emergency closures.

Recognized Federal Holidays:

New Years Day Labor Day Martin Luther King Jr.s Birthday Columbus Day Presidents Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day C.14 Hours of Operation The contractor is responsible for conducting normal business, as determined by the RTL, Monday thru Friday except Federal holidays or when the COR/RTL has verified Government closures due to local or national emergencies, administrative closings, or similar Government directed facility closings (note: travel on weekends or holidays may be required to support specific inspection dates). If access to a government facility is required, the contractor shall not be reimbursed when the government facility is closed for the above reasons unless key personnel are performing work at their home offices.

The contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

C.15 Contractor Travel The contractor will be authorized travel expenses consistent with the Federal Travel Regulation (FTR) and the limitation of funds specified in the travel line item of this contract. All travel requires prior written Government approval from the CO, unless otherwise delegated to the COR.

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Task Order SOWs will specify the required travel to power reactor plant sites and NRC regional offices. NRC anticipates approximately 20 DBA inspections will be conducted each year distributed among the four NRC Regions. The following travel is anticipated:

(a) For a typical DBA inspection, one 5-day trip to the regional office to prepare for inspection and review background information is required (Element 2).

(b) For a typical DBA inspection, two 5-day trips for onsite inspection are required.

The contractor shall coordinate all travel arrangements in advance with the NRC RTL.

Travel time outside of normal business hours may be required to ensure timely arrival at the site, as scheduled by the NRC RTL. The contractors assigned personnel are expected to travel in the manner most cost beneficial to the government.

If the NRC has provided the contractor advanced notification of travel, a minimum of two weeks advanced purchase for travel is expected, in order to maximize cost savings to the government.

C.16 Data Rights The NRC shall have unlimited rights to and ownership of all deliverables provided under this contract, including reports, recommendations, briefings, work plans and all other deliverables. All documents and materials, to include the source codes of any software, produced under this contract are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without prior written authorization from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

C.17 Section 508 - Electronic and Information Technology Standards Not Applicable C.18 Applicable Publications (Current Editions)

The contractor shall comply with the following applicable inspection procedure:

IP 71111.21M, Design Bases Assurance Inspection - Team IMC 0612, Power Reactors Inspection Reports C.19 Other Security and Training Requirements Contractor inspectors are required to meet unescorted access requirements for nuclear power plants. This includes meeting physical requirements, criminal background checks, drug testing, psychological assessments, and basic site access training requirements. The contractor should assume 22 hours2.546296e-4 days 0.00611 hours 3.637566e-5 weeks 8.371e-6 months per person per year for initial training and assessments, and 10 hours1.157407e-4 days 0.00278 hours 1.653439e-5 weeks 3.805e-6 months per person per year thereafter to meet these requirements.

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The COR will specify annual continuing training requirements, which are normally provided as web-based courses. The contractor should assume 10 hours1.157407e-4 days 0.00278 hours 1.653439e-5 weeks 3.805e-6 months (home office) per person per year for continuing training. Contractor access to the web-based training will require access to a computer running a current Microsoft operating system and the Microsoft Explorer web browser.

Contractor inspectors performing work under this contract must qualify for an IT-2 security clearance at time of the proposal submission, and must maintain the level of security required for the life of the contract. The contractor submits clearance forms as designated in MD 12.3 available at: http://www.nrc.gov/reading-rm/doc-collections/management-directives/volumes/vol-12.html to the COR.

The contractor staff will not be required to access classified information in connection with this contract/task order performance.

The contractor is responsible for ensuring that all of its employees, including any subcontractor employees and any subsequent new employees, who are assigned to perform the work at NRC locations, are approved by the NRC for building access.

Contractor personnel performing work under this contract or task order shall satisfy all requirements for appropriate security eligibility as specified in the contract in dealing with access to sensitive electronic information and information systems belonging to or being used on behalf of the NRC.

All costs associated with obtaining clearances for contractor-provided personnel shall be the responsibility of the contractor. Further, the contractor shall be responsible for the actions of all individuals provided to work under this contract. If damages arise from work performed by contractor-provided personnel under the auspices of this contract, the contractor shall be responsible for all resources necessary to remedy the incident.

In response to HSPD-12 (available at http://www.dhs.gov/homeland-security-presidential-directive-12), the Department of Homeland Security has initiated a program for improving the identification and authentication of Federal contractors for access to Federal facilities and electronic and information technology (EIT) systems. Federal contractor employees with access to Federal facilities and information systems are required to comply with standards developed for the Personal Identity Verification (PIV) of Federal Employees and Contractors in order to satisfy the requirements of HSPD-

12. These standards require the creation of biometric data cards and systems to identify contractor employees. Biometric data includes personal identification information such as fingerprints and facial images and allows this personal information to be electronically stored, maintained, and accessed by the Government. All data required by the PIV system will be provided by contractors before access to Federal facilities and information systems are granted. All contractors shall comply with HSPD-12 requirements as they are implemented or changed.

It is understood that requests for inspection support with limited advance notice may not provide sufficient time to obtain security reviews. Allowable exceptions and compensatory actions will be stated in the task order requesting the inspection support.

The contractor shall be responsible for safeguarding all Government property and information. At the close of each work period, Government facilities, equipment, and materials shall be secured.

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Phase In/Phase Out Period:

It is expected that a new contractor will require 3-4 months to transition into the new contract. Security Clearances, scheduling, and training requirements will be completed during this transition period.

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ATTACHMENT 1- CONTRACTOR INSPECTOR PERFORMANCE ASSESSMENT FORM Contractors Name/Discipline:

Plant Name:

Inspection Dates:

Team Leader:

9- 10 = Outstanding 7-8 = Exceptional 5-6 = Fully Satisfactory 3-4 = Marginally Satisfactory 1-2 = Unsatisfactory Provide number ratings for the below attributes. Provide comments, especially where the contractor is less than Fully Satisfactory:

INSPECTION PLANNING AND PREPARATION

1) Prioritizes issues by risk significance and margin

2) Develops appropriate inspection plan for assigned area

3) Identifies required information and documents needed for review

4) Develops relevant questions for licensee based on review of documents

5) Follows team leader direction regarding inspection plan requirements INSPECTION ACTIVITIES

1) Evaluates assigned areas based on expertise and applicable criteria

2) Identifies risk significant areas, as appropriate

3) Alters inspection activities when appropriate, such as in accordance with team leader direction

4) Makes effective use of time, and is responsive to team leader direction regarding issues not to be worked upon

5) Exhibits professionalism during interactions with licensee and other team members

6) Communicates findings during team meetings (no surprises at exit meetings) and characterizes their safety significance using Significance Determination Process, when appropriate

7) Presents findings in a concise and professional manner to team members/licensee

8) Performs in-depth review as required to identify and develop inspection findings, or to determine there are no findings INSPECTION DOCUMENTATION

1) Follows team leader direction/sample report, as required to comply with IMC 0612, Inspection Reports

2) Quality and timeliness of report input

3) Provides report input in electronic format acceptable to team leader OVERALL COMMENTS Page 19

SECTION D - Packaging and Marking D.1 PACKAGING AND MARKING (AUG 2011)

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

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

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

D.2 BRANDING The Contractor is required to use the statement below in any publications, presentations, articles, products, or materials funded under this contract/order, to the extent practical, in order to provide NRC with recognition for its involvement in and contribution to the project. If the work performed is funded entirely with NRC funds, then the contractor must acknowledge that information in its documentation/presentation.

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Regulatory Regulation, under Contract/order number 31310018D0011.

(End of Clause)

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SECTION E - Inspection and Acceptance E.1 Clauses The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract.

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

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter1) 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT (APR 1984)

E.2 PLACE OF INSPECTION AND ACCEPTANCE (MAR 1987)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the Contracting Officers Representative (COR) at the destination.

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SECTION F - Deliveries or Performance F.1 Clauses The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract.

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

NUMBER TITLE DATE FEDERAL ACQUISITION REGULATION (48 CFR Chapter1) 52.247-34 F.O.B. DESTINATION NOV 1991 F.2 MONTHLY LETTER STATUS REPORT The contractor shall provide a Monthly Letter Status Report (MLSR) which consists of a technical progress report and financial status report, in accordance with Attachment 5 entitled, "Monthly Letter Status Report Instructions for Contracts and Orders." This report will be used by the Government to assess the adequacy of the resources proposed by the contractor to accomplish the work contained in each task order SOW and provide status of contractor progress in achieving tasks and producing deliverables. The report shall include contract/order summary information, work completed during the specified period, milestone schedule information, problem resolution, travel plans, and staff hour summary. A separate MLSR shall be prepared for each task order under this contract. If no work was performed during the prior month, the contractor shall not prepare and submit an MLSR.

a. The Contractor shall provide a Monthly Letter Status Report (MLSR) by the 20th of each month (See Section J, Attachment 5). The report shall provide the technical and financial status of the effort. The Contractor shall transmit the report electronically (by e mail) to the CO and COR and for each task order. See Section J, Attachment 5 for format and content of the MLSR.

b. The technical status section of the report shall contain a summary of the work performed under each task order during the reporting period, and milestones reached, or if missed, an explanation why; any problems or delays encountered or anticipated with recommendations for resolution; and plans for the next reporting period. The status shall include information on travel during the period to include trip start and end dates, destination, and travelers for each trip.

c. The financial status section of the report shall include the total award amount and funds obligated to date; total costs incurred in the reporting period, broken down by direct and indirect costs, and total cumulative costs incurred to date. The status shall also contain the balance of obligations remaining at the end of the period, and balance of funds required to complete the contract and each task order. Additionally, the report shall address the status of the Contractor Spending Plan (CSP), showing the percentage of project completion and any significant changes in either projected expenditures or percentage of completion. The report Page 22

SECTION G - Contract Administration Data G.1 2052.215-71 CONTRACTING OFFICER REPRESENTATIVE (COR) (NOVEMBER 2006)

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

Name:

(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.

(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.

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(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 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.

(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 Page 25

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.

(End of Clause)

G.2 2052.215-77 TRAVEL APPROVALS AND REIMBURSEMENT. (OCT 1999)

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

(b) The contractor must receive written approval from the NRC Project Officer before taking travel that was unanticipated in the Schedule (i.e., travel not contemplated in the Statement of Work, or changes to specific travel identified in the Statement of Work).

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

(d) It is the responsibility of the contractor to notify the contracting officer in accordance with the Limitations of Cost clause of this contract when, at any time, the contractor learns that travel expenses will cause the contractor to exceed the estimated costs specified in the Schedule.

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

(End of Clause)

G.3 2052.216-71 INDIRECT COST RATES. (JAN 1993)

(a) Pending the establishment of final indirect rates which must be negotiated based on audit of actual costs, the contractor shall be reimbursed for allowable indirect costs as follows:

Incorporated into resultant contract.

(b) The contracting officer may adjust these rates as appropriate during the term of the contract upon acceptance of any revisions proposed by the contractor. It is the contractor's responsibility to notify the contracting officer in accordance with FAR 52.232-20, Limitation of Cost, or FAR 52.232-22, Limitation of Funds, as applicable, if these changes affect performance of work within the established cost or funding limitations.

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INDIRECT COST POOL RATE BASE PERIOD (End of Clause)

G.4 2052.216-72 TASK ORDER PROCEDURES. (OCT 1999)

(a) Task order request for proposal. When a requirement within the scope of work for this contract is identified, the contracting officer shall transmit to the contractor a Task Order Request for Proposal (TORFP) which may include the following, as appropriate:

(1) Scope of work/meetings/travel and deliverables; (2) Reporting requirements; (3) Period of performance - place of performance; (4) Applicable special provisions; (5) Technical skills required; and (6) Estimated level of effort.

(b) Task order technical proposal. By the date specified in the TORFP, the contractor shall deliver to the contracting officer a written or verbal (as specified in the TORFP technical proposal submittal instructions) technical proposal that provides the technical information required by the TORFP.

(c) Cost proposal. The contractor's cost proposal for each task order must be fully supported by cost and pricing data adequate to establish the reasonableness of the proposed amounts. When the contractor's estimated cost for the proposed task order exceeds $100,000 and the period of performance exceeds six months, the contractor may be required to submit a Contractor Spending Plan (CSP) as part of its cost proposal. The TORP indicates if a CSP is required.

(d) Task order award. The contractor shall perform all work described in definitized task orders issued by the contracting officer. Definitized task orders include the following:

(1) Statement of work/meetings/travel and deliverables; (2) Reporting requirements; (3) Period of performance; (4) Key personnel; Page 27

(5) Applicable special provisions; and (6) Total task order amount including any fixed fee.

(End of Clause)

G.5 2052.216-73 ACCELERATED TASK ORDER PROCEDURES. (JAN 1993)

(a) The NRC may require the contractor to begin work before receiving a definitized task order from the contracting officer. Accordingly, when the contracting officer verbally authorizes the work, the contractor shall proceed with performance of the task order subject to the monetary limitation established for the task order by the contracting officer.

(b) When this accelerated procedure is employed by the NRC, the contractor agrees to begin promptly negotiating with the contracting officer the terms of the definitive task order and agrees to submit a cost proposal with supporting cost or pricing data. If agreement on a definitized task order is not reached by the target date mutually agreed upon by the contractor and contracting officer, the contracting officer may determine a reasonable price and/or fee in accordance with Subpart 15.8 and Part 31 of the FAR, subject to contractor appeal as provided in 52.233-1, Disputes. In any event, the contractor shall proceed with completion of the task order subject only to the monetary limitation established by the contracting officer and the terms and conditions of the basic contract.

(End of Clause)

G.6 REGISTRATION IN FEDCONNECT (JULY 2014)

The Nuclear Regulatory Commission (NRC) uses Compusearch Software Systems secure and auditable two-way web portal, FedConnect, to communicate with vendors and contractors. FedConnect provides bi-directional communication between the vendor/contractor and the NRC throughout pre-award, award, and post-award acquisition phases. Therefore, in order to do business with the NRC, vendors and contractors must register to use FedConnect at https://www.fedconnect.net/FedConnect. The individual registering in FedConnect must have authority to bind the vendor/contractor. There is no charge for using FedConnect. Assistance with FedConnect is provided by Compusearch Software Systems, not the NRC. FedConnect contact and assistance information is provided on the FedConnect web site at https://www.fedconnect.net/FedConnect.

G.7 ELECTRONIC PAYMENT (DEC 2017)

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

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

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SECTION H - Special Contract Requirements H.1 Clauses H.2 2052.204-70 SECURITY. (OCT 1999)

As prescribed at 2004.404(a), the contracting officer shall insert the following clause in solicitations and contracts during which the contractor may have access to, or contact with classified information, including National Security information, restricted data, formerly restricted data, and other classified data:

SECURITY (OCT 1999)

(a) Security/Classification Requirements Form. The attached NRC Form 187 (See List of Attachments) furnishes the basis for providing security and classification requirements to prime contractors, subcontractors, or others (e.g., bidders) who have or may have an NRC contractual relationship that requires access to classified information or matter, access on a continuing basis (in excess of 90 or more days) to NRC Headquarters controlled buildings, or otherwise requires NRC photo identification or card-key badges.

(b) It is the contractor's duty to safeguard National Security Information, Restricted Data, and Formerly Restricted Data. The contractor shall, in accordance with the Commission's security regulations and requirements, be responsible for safeguarding National Security Information, Restricted Data, and Formerly Restricted Data, and for protecting against sabotage, espionage, loss, and theft, the classified documents and material in the contractor's possession in connection with the performance of work under this contract. Except as otherwise expressly provided in this contract, the contractor shall 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 upon completion or termination of this contract.

(1) The contractor shall complete a certificate of possession to be furnished to the Commission specifying the classified matter to be retained if the retention is:

(i) Required after the completion or termination of the contract; and (ii) Approved by the contracting officer.

(2) The certification must identify the items and types or categories of matter retained, the conditions governing the retention of the matter and their period of retention, if known. If the retention is approved by the contracting officer, the security provisions of the contract continue to be applicable to the matter retained.

(c) In connection with the performance of the work under this contract, the contractor may be furnished, or may develop or acquire, proprietary data (trade secrets) or confidential or privileged technical, business, or financial information, including Commission plans, policies, reports, financial plans, internal data protected by the Privacy Act of 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 agrees to hold the information in confidence and not to directly or indirectly duplicate, disseminate, or disclose the information, in whole or Page 29

in part, to any other person or organization except as necessary to perform the work under this contract. The contractor agrees to return the information to the Commission or otherwise dispose of it 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 and the Contracting Officer. These changes will be under the authority of the FAR Changes clause referenced in Section I of this document.

(e) Definition of National Security Information. As used in this clause, the term National Security Information means information that has been determined pursuant to Executive Order 12958 or any predecessor order to require protection against unauthorized disclosure and that is so designated.

(f) Definition of Restricted Data. As used in this clause, the term Restricted Data means all data 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 under to Section 142 of the Atomic Energy Act of 1954, as amended.

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

(h) Security clearance personnel. The contractor may not permit any individual to have access to Restricted Data, Formerly Restricted Data, or other classified information, except in accordance with the Atomic Energy Act of 1954, as amended, and the Commission's regulations or requirements applicable to the particular type or category of classified information to which access is required. The contractor shall also execute a Standard Form 312, Classified Information Nondisclosure Agreement, when access to classified information is required.

(i) Criminal liabilities. 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.)

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

(k) In performing contract work, the contractor shall classify all documents, material, and equipment originated or generated by the contractor in accordance with guidance issued by the Commission. Every subcontract and purchase order issued under the contract that involves originating or generating classified documents, material, and equipment must provide that the subcontractor or supplier assign the proper classification to all Page 30

documents, material, and equipment in accordance with guidance furnished by the contractor.

(End of Clause)

H.3 2052.204-71 SITE ACCESS BADGE REQUIREMENTS. (JAN 1993)

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 Project Officer shall assist the contractor in obtaining the badges for 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 shall have this identification in their possession during on-site performance under this contract. It is the contractor's duty to assure that contractor personnel enter only those work areas necessary for performance of contract work and to assure the safeguarding of any Government records or data that contractor personnel may come into contact with.

(End of Clause)

H.4 2052.215-70 KEY PERSONNEL. (JAN 1993)

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

Key Personnel Technical Discipline Employee, Consultant or Subcontractor Page 31

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.

(c) Each request for approval of substitutions must be in writing and contain a detailed explanation of the circumstances necessitating the proposed substitutions. The request must also contain a complete resume for the proposed substitute and other information requested or needed by the contracting officer to evaluate the proposed substitution.

The contracting officer and the project officer shall evaluate the contractor's request and the contracting officer shall promptly notify the contractor of his or her decision in writing.

(d) If the contracting officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming, or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the contracting officer for default or for the convenience of the Government, as appropriate.

If the contracting officer finds the contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

(End of Clause)

H.5 2052.242-70 RESOLVING DIFFERING PROFESSIONAL VIEWS. (OCT 1999)

(a) The Nuclear Regulatory Commission's (NRC) policy is to support the contractor's expression of professional health and safety related concerns associated with the contractor's work for NRC that may differ from a prevailing NRC staff view, disagree with an NRC decision or policy position, or take issue with proposed or established agency practices. An occasion may arise when an NRC contractor, contractor's personnel, or subcontractor personnel believes that a conscientious expression of a competent judgement is required to document such concerns on matters directly associated with its Page 32

performance of the contract. The NRC's policy is to support these instances as Differing Professional Views (DPVs).

(b) The procedure that will be used provides for the expression and resolution of differing professional views (DPVs) of health and safety related concerns associated with the mission of the agency by NRC contractors, contractor personnel or subcontractor personnel on matters directly associated with its performance of the contract. This procedure may be found in Attachments to this document. The contractor shall provide a copy of the NRC DPV procedure to all of its employees performing under this contract and to all subcontractors who shall, in turn, provide a copy of the procedure to its employees. The prime contractor or subcontractor shall submit all DPV's received but need not endorse them.

(End of Clause)

H.6 2052.242-71 PROCEDURES FOR RESOLVING DIFFERING PROFESSIONAL VIEWS. (OCT 1999)

(a) The following procedure provides for the expression and resolution of differing professional views (DPVs) of health and safety related concerns of NRC contractors and contractor personnel on matters connected to the subject of the contract. Subcontractor DPVs must be submitted through the prime contractor. The prime contractor or subcontractor shall submit all DPV's received but need not endorse them.

(b) The NRC may authorize up to eight reimbursable hours for the contractor to document, in writing, a DPV by the contractor, the contractor's personnel, or subcontractor personnel. The contractor shall not be entitled to any compensation for effort on a DPV which exceeds the specified eight hour limit.

(c) Before incurring costs to document a DPV, the contractor shall first determine whether there are sufficient funds obligated under the contract which are available to cover the costs of writing a DPV. If there are insufficient obligated funds under the contract, the contractor shall first request the NRC contracting officer for additional funding to cover the costs of preparing the DPV and authorization to proceed.

(d) Contract funds shall not be authorized to document an allegation where the use of this NRC contractor DPV process is inappropriate. Examples of such instances are:

allegations of wrongdoing which should be addressed directly to the NRC Office of the Inspector General (OIG), issues submitted anonymously, or issues raised which have already been considered, addressed, or rejected, absent significant new information.

This procedure does not provide anonymity. Individuals desiring anonymity should contact the NRC OIG or submit the information under NRC's Allegation Program, as appropriate.

(e) When required, the contractor shall initiate the DPV process by submitting a written statement directly to the NRC Office Director or Regional Administrator responsible for the contract, with a copy to the Contracting Officer, Division of Contracts and Property Management, Office of Administration. Each DPV submitted will be evaluated on its own merits.

(f) The DPV, while being brief, must contain the following as it relates to the subject matter of the contract:

Page 33

(1) A summary of the prevailing NRC view, existing NRC decision or stated position, or the proposed or established NRC practice.

(2) A description of the submitter's views and how they differ from any of the above items.

(3) The rationale for the submitter's views, including an assessment based on risk, safety and cost benefit considerations of the consequences should the submitter's position not be adopted by NRC.

(g) The Office Director or Regional Administrator will immediately forward the submittal to the NRC DPV Review Panel and acknowledge receipt of the DPV, ordinarily within five (5) calendar days of receipt.

(h) The panel will normally review the DPV within seven calendar days of receipt to determine whether enough information has been supplied to undertake a detailed review of the issue. Typically, within 30 calendar days of receipt of the necessary information to begin a review, the panel will provide a written report of its findings to the Office Director or Regional Administrator and to the Contracting Officer, which includes a recommended course of action.

(i) The Office Director or Regional Administrator will consider the DPV Review Panel's report, make a decision on the DPV and provide a written decision to the contractor and the Contracting Officer normally within seven calendar days after receipt of the panel's recommendation.

(j) Subsequent to the decision made regarding the DPV Review Panel's report, a summary of the issue and its disposition will be included in the NRC Weekly Information Report submitted by the Office Director. The DPV file will be retained in the Office or Region for a minimum of one year thereafter. For purposes of the contract, the DPV shall be considered a deliverable under the contract. Based upon the Office Director or Regional Administrator's report, the matter will be closed.

(End of Clause)

H.7 AWARD NOTIFICATION AND COMMITMENT OF PUBLIC FUNDS (a) All offerors will receive preaward and postaward notices in accordance with FAR 15.503.

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

(1) Encouraging a potential contractor to incur costs prior to receiving a contract; (2) Requesting or requiring a contractor to make changes under a contract without formal contract modifications; Page 34

(3) Encouraging a contractor to incur costs under a cost-reimbursable contract in excess of those costs contractually allowable; and (4) Committing the Government to a course of action with regard to a potential contract, contract change, claim, or dispute.

(End of Clause)

H.8 USE OF AUTOMATED CLEARING HOUSE (ACH) ELECTRONIC PAYMENT/REMITTANCE ADDRESS The Debt Collection Improvement Act of 1996 requires that all Federal payments except IRS tax refunds be made by Electronic Funds Transfer. lt is the policy of the Nuclear Regulatory Commission to pay government vendors by the Automated Clearing House (ACH) electronic funds transfer payment system. Item 15C of the Standard Form 33 may be disregarded.

(End of Clause)

H.9 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIALLY SENSITIVE POSITIONS (OCT 2014)

All contractor employees, subcontractor employees, applicants, and consultants proposed for performance or performing under this contract shall be subject to pre-assignment, random, reasonable suspicion, and post-accident drug testing applicable to:

(1) individuals who require unescorted access to nuclear power plants, (2) individuals who have access to classified or safeguards information, (3) individuals who are required to carry firearms in performing security services for the NRC, (4) individuals who are required to operate government vehicles or transport passengers for the NRC, (5) individuals who are required to operate hazardous equipment at NRC facilities, or (6) individuals who admit to recent illegal drug use or those who are found through other means to be using drugs illegally.

The NRC Drug Program Manager will schedule the drug testing for all contractor employees, subcontractor employees, applicants, and consultants who are subject to testing under this clause. The consequences of refusing to undergo drug testing or a refusal to cooperate in such testing, including not appearing at the scheduled appointment time, will result in the Agencys refusal of the contractor employee to work under any NRC contract. Any NRC contractor employee found to be using, distributing or possessing illegal drugs, or any contractor employee who fails to receive a verified negative drug test result under this program while in a duty status will immediately be removed from working under the NRC contract. The contractor's employer will be notified of the denial or revocation of the individual's authorization to have access to information and ability to perform under the contract. The individual may not work on any NRC contract for a period of not less than one year from the date of the failed, positive drug test and will not be considered for reinstatement unless evidence of rehabilitation, as determined by the NRC "drug testing contractor's" Medical Review Officer, is provided.

Page 35

Contractor drug testing records are protected under the NRC Privacy Act Systems of Records, System 35, "Drug Testing Program Records - NRC" found at:

http://www.nrc.gov/reading-rm/foia/privacy-systems.html (End of Clause)

H.10 SECURITY REQUIREMENTS RELATING TO THE PRODUCTION OF REPORTS OR THE PUBLICATION OF RESULTS UNDER CONTRACTS, AGREEMENTS, AND GRANTS (JUL 2016)

Review and Approval of Reports (a) Reporting Requirements. The contractor/grantee shall comply with the terms and conditions of the contract/grant regarding the contents of the draft and final report, summaries, data, and related documents, to include correcting, deleting, editing, revising, modifying, formatting, and supplementing any of the information contained therein, at no additional cost to the NRC. Performance under the contract/grant will not be deemed accepted or completed until it complies with the NRCs directions, as applicable. The reports, summaries, data, and related documents will be considered draft until approved by the NRC. The contractor/grantee agrees that the direction, determinations, and decisions on approval or disapproval of reports, summaries, data, and related documents created under this contract/grant remain solely within the discretion of the NRC.

(b) Publication of Results. Prior to any dissemination, display, publication, or release of articles, reports, summaries, data, or related documents developed under the contract/grant, the contractor/grantee shall submit them to the NRC for review and approval. The contractor/ grantee shall not release, disseminate, display or publish articles, reports, summaries, data, and related documents, or the contents therein, that have not been reviewed and approved by the NRC for release, display, dissemination or publication. The contractor/grantee agrees to conspicuously place any disclaimers, markings or notices, directed by the NRC, on any articles, reports, summaries, data, and related documents that the contractor/grantee intends to release, display, disseminate or publish to other persons, the public, or any other entities. The contractor/grantee agrees, and grants, a royalty-free, nonexclusive, irrevocable worldwide license to the government, to use, reproduce, modify, distribute, prepare derivative works, release, display or disclose the articles, reports, summaries, data, and related documents developed under the contract/grant, for any governmental purpose and to have or authorize others to do so.

(c) Identification/Marking of Sensitive Unclassified Non-Safeguards Information (SUNSI) and Safeguards Information (SGI). The decision, determination, or direction by the NRC that information possessed, formulated or produced by the contractor/grantee constitutes SUNSI or SGI is solely within the authority and discretion of the NRC. In performing the contract/grant, the contractor/grantee shall clearly mark SUNSI and SGI, to include for example, OUO-Allegation Information or OUO-Security Related Information on any reports, documents, designs, data, materials, and written information, as directed by the NRC. In addition to marking the information as directed by the NRC, the contractor shall use the applicable NRC cover sheet (e.g., NRC Form 461 Safeguards Information) in maintaining these records and documents. The contractor/grantee shall ensure that SUNSI and SGI is handled, maintained and protected from unauthorized disclosure, consistent with NRC policies and directions. The Page 36

contractor/grantee shall comply with the requirements to mark, maintain, and protect all information, including documents, summaries, reports, data, designs, and materials in accordance with the provisions of Section 147 of the Atomic Energy Act of 1954 as amended, its implementing regulations (10 CFR 73.21), Sensitive Unclassified Non-Safeguards and Safeguards Information policies, and NRC Management Directives and Handbooks 12.5, 12.6 and 12.7.

(d) Remedies. In addition to any civil, criminal, and contractual remedies available under the applicable laws and regulations, failure to comply with the above provisions, and/or NRC directions, may result in suspension, withholding, or offsetting of any payments invoiced or claimed by the contractor/grantee.

(e) Flowdown. If the contractor/grantee intends to enter into any subcontracts or other agreements to perform this contract/grant, the contractor/grantee shall include all of the above provisions in any subcontracts or agreements.

H.11 NRC INFORMATION TECHNOLOGY SECURITY NRC INFORMATION TECHNOLOGY SECURITY TRAINING (MAY 2016)

NRC contractors shall ensure that their employees, consultants, and subcontractors with access to the agency's information technology (IT) equipment and/or IT services complete NRC's online initial and refresher IT security training requirements to ensure that their knowledge of IT threats, vulnerabilities, and associated countermeasures remains current. Both the initial and refresher IT security training courses generally last an hour or less and can be taken during the employee's regularly scheduled work day.

Contractor employees, consultants, and subcontractors shall complete the NRC's online annual, "Computer Security Awareness" course on the same day that they receive access to the agency's IT equipment and/or services, as their first action using the equipment/service. For those contractor employees, consultants, and subcontractors who are already working under this contract, the on-line training must be completed in accordance with agency Network Announcements issued throughout the year, within three weeks of issuance of this modification.

Additional annual required online NRC training includes but is not limited to the following:

(1) Information Security (INFOSEC) Awareness (2) Continuity of Operations (COOP) Awareness (3) Defensive Counterintelligence and Insider Threat Awareness (4) No FEAR Act (5) Personally Identifiable Information (PII) and Privacy Act Responsibilities Awareness Contractor employees, consultants, and subcontractors who have been granted access to NRC information technology equipment and/or IT services must continue to take IT security refresher training offered online by the NRC throughout the term of the contract.

Contractor employees will receive notice of NRC's online IT security refresher training requirements through agency-wide notices.

Page 37

Contractor Monthly Letter Status Reports (MLSR) must include the following information for all completed training:

(1) the name of the individual completing the course; (2) the course title; and (3) the course completion date.

The MLSR must also include the following information for those individuals who have not completed their required training:

(1) the name of the individual who has not yet completed the training; (2) the title of the course(s) which must still be completed; and (3) the anticipated course completion date(s).

The NRC reserves the right to deny or withdraw Contractor use or access to NRC IT equipment and/or services, and/or take other appropriate contract administrative actions (e.g., disallow costs, terminate for cause) should the Contractor violate the Contractor's responsibility under this clause.

(End of Clause)

H.12 SECURITY REQUIREMENTS FOR ACCESS TO CLASSIFIED MATTER OR INFORMATION (SEP 2013)

Performance under this contract will require access to classified matter or information (National Security Information or Restricted Data) in accordance with the attached NRC Form 187 (See List of Attachments). Prime Contractor personnel, subcontractors or others performing work under this contract shall require a "Q" security clearance (allows access to Top Secret, Secret, and Confidential National Security Information and Restricted Data) or an "L" security clearance (allows access to Secret and Confidential National Security Information and/or Confidential Restricted Data).

The Contractor must identify all individuals to work under this contract. The NRC sponsoring office shall make the final determination of the type of security clearance required for all individuals working under this contract.

The Contractor shall conduct a preliminary security interview or review for each of its employees, subcontractor employees and consultants, and submit to the Government only the names of candidates that have a reasonable probability of obtaining the level of security clearance for which the candidate has been proposed. The Contractor will pre-screen applicants for the following:

(a) pending criminal charges or proceedings; (b) felony arrest records including alcohol related arrest within the last seven (7) years; (c) record of any military courts-martial charges and proceedings in the last seven (7) years and courts-martial convictions in the last ten (10) years; (d )any involvement in hate crimes; (e) involvement in any group or organization that espouses extra-legal violence as a legitimate means to an end; (f) dual or multiple citizenship including the issuance of a foreign passport in the last seven (7) years; (g) illegal use possession, or distribution of narcotics or other controlled Page 38

substances within the last seven (7) years; (h) financial issues regarding delinquent debts, liens, garnishments, bankruptcy and civil court actions in the last seven (7) years.

The Contractor will make a written record of their pre-screening interview or review (including any information to mitigate the responses to items listed in (a) - (h)), and have the candidate verify the record, sign and date it. Two (2) copies of the signed interview record or review will be supplied to DFS/PSB with the applicant's completed security application package.

The Contractor will further ensure that all Contractor employees, subcontractor employees and consultants for classified information access approval complete all security applications required by this clause within fourteen (14) calendar days of notification by DFS/PSB of initiation of the application process. Timely receipt of properly completed security applications (submitted for candidates that have a reasonable probability of obtaining the level of security clearance for which the candidate has been proposed) is a contract requirement. Failure of the Contractor to comply with this condition 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 termination or cancellation, the Government may select another firm for contract award.

Such Contractor personnel shall be subject to the NRC Contractor personnel security requirements of NRC Management Directive (MD) 12.3, Part I and 10 CFR Part 10.11, which is hereby incorporated by reference and made a part of this contract as though fully set forth herein, and will require a favorably adjudicated Single Scope Background Investigation (SSBI) for "Q" clearances or a favorably adjudicated Access National Agency Check and Inquiries (ANACI), or higher level investigation depending on the position the individual will occupy, for "L" clearances.

A Contractor employee shall not have access to classified information until he/ she is granted a security clearance by DFS/PSB, based on a favorably adjudicated investigation. In the event the Contractor employee's investigation cannot be favorably adjudicated, any interim access approval could possibly be revoked and the individual could be subsequently removed from performing under the contract. If interim approval access is 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. The individual will be subject to a reinvestigation every five (5) years for "Q" clearances and every ten (10) years for "L" clearances.

CORs are responsible for submitting the completed access/clearance request package as well as other documentation that is necessary to DFS/PSB. The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) copies of the Contractor's signed pre-screening record and two (2) FD 258 fingerprint charts, to DFS/PSB for review and adjudication, prior to submission to the Office of Personnel Management for investigation. The individual may start working under this contract before a final clearance is granted if a temporary access determination can be made by DFS/PSB after the review of the security package. If the individual is granted a temporary access authorization, the individual may not have access to classified information under this contract until DFS/PSB has granted them the appropriate security clearance, and the Page 39

Contractor has read, understood, and signed the SF 312, "Classified Information Nondisclosure Agreement." The Contractor shall assure that all forms are accurate, complete, and legible (except for Part 2 of the questionnaire, which is required to be completed in private and submitted by the individual to the Contractor in a sealed envelope), as set forth in NRC MD 12.3. Based on DFS/PSB review of the applicant's investigation, the individual may be denied his/her security clearance in accordance with the due process procedures set forth in MD 12.3, E.O. 12968, and 10 CFR Part 10.11.

In accordance with NRCAR 2052.204-70 cleared Contractors shall be subject to the attached NRC Form 187 (See Section J for List of Attachments), MD 12.3, SF- 86 and Contractor's signed record or review of the pre-screening which furnishes the basis for providing security requirements to prime Contractors, subcontractors or others who have or may have an NRC contractual relationship which requires access to classified information.

CANCELLATION OR TERMINATION OF SECURITY CLEARANCE ACCESS/REQUEST When a request for clearance investigation is to be withdrawn or canceled, the Contractor shall immediately notify the COR by telephone so that the investigation 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 in writing by the Contractor to the COR who will forward the confirmation via email to DFS/PSB. Additionally, DFS/PSB must be immediately notified in writing when an individual no longer requires access to Government classified information, including the voluntary or involuntary separation of employment of an individual who has been approved for or is being processed for access under the NRC "Personnel Security Program."

(End of Clause)

H.13 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS Annual and final evaluations of contractor performance under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information,"

normally at or near the time the contractor is notified of the NRC's intent to exercise the contract option. If the multi-year contract does not have option years, then an annual evaluation will be prepared annually. Final evaluations of contractor performance will be prepared at the expiration of the contract during the contract closeout process.

The Contracting Officer will transmit the NRC Contracting Officers Representatives (COR) annual and final contractor performance evaluations to the contractor's Project Manager, unless otherwise instructed by the contractor. The contractor will be permitted thirty days to review the document and submit comments, rebutting statements, or additional information.

Where a contractor concurs with, or takes no exception to an annual performance evaluation, the Contracting Officer will consider such evaluation final and releasable for source selection purposes. Disagreements between the parties regarding a performance evaluation will be referred to an individual one level above the Contracting Officer, whose decision will be final.

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The Contracting Officer will send a copy of the completed evaluation report, marked "Source Selection Information, to the contractor's Project Manager for their records as soon as practicable after it has been finalized. The completed evaluation report also will be used as a tool to improve communications between the NRC and the contractor and to improve contract performance.

The completed annual performance evaluation will be used to support future award decisions in accordance with FAR 42.1502 and 42.1503. During the period the information is being used to provide source selection information, the completed annual performance evaluation will be released to only two parties - the Federal government personnel performing the source selection evaluation and the contractor under evaluation if the contractor does not have a copy of the report already.

(End of Clause)

H.14 INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS - GENERAL (JUL 2016)

Basic Contract IT Security Requirements The contractor agrees to insert terms that conform substantially to the language of the IT security requirements, excluding any reference to the Changes clause of this contract, into all subcontracts under this contract.

For unclassified information used for the effort, the contractor shall provide an information security categorization document indicating the sensitivity of the information processed as part of this contract if the information security categorization was not provided in the statement of work. The determination shall be made using National Institute of Standards and Technology (NIST) Special Publication (SP) 800-60 and must be approved by the Office of the Chief Information Officer (OCIO). The NRC contracting officer (CO) and Contracting Officers Representative (COR) shall be notified immediately before the contractor begins to process information at a higher sensitivity level.

If the effort includes use or processing of classified information, the NRC CO and COR shall be notified before the contractor begins to process information at a more restrictive classification level.

All work under this contract shall comply with the latest version of policy, procedures and standards. Individual task orders will reference latest versions of standards or exceptions as necessary. These policy, procedures and standards include: NRC Management Directive (MD) volume 12, Security; Computer Security Office policies, procedures and standards; National Institute of Standards and Technology (NIST) guidance and Federal Information Processing Standards (FIPS); and Committee on National Security Systems (CNSS) policy, directives, instructions, and guidance. This information is available at the following links:

NRC Policies, Procedures and Standards (OCIO/ISD - Director, Information Security Directorate, internal website):

http://www.internal.nrc.gov/CSO/policies.html Page 41

All NRC Management Directives (public website):

http://www.nrc.gov/reading-rm/doc-collections/management-directives/

NIST SP and FIPS documentation is located at:

http://csrc.nist.gov/

CNSS documents are located at:

http://www.cnss.gov/

When e-mail is used, the contractors shall only use NRC provided e-mail accounts to send and receive sensitive information (information that is not releasable to the public) or mechanisms to protect the information during transmission to NRC that have been approved by OCIO/ISD.

All contractor employees must sign the NRC Agency-Wide Rules of Behavior for Authorized Computer Use prior to being granted access to NRC computing resources.

The contractor shall adhere to following NRC policies, including but not limited to:

Must meet all federally mandated and NRC defined cybersecurity requirements.

Management Directive 12.5, NRC Cybersecurity Program

Computer Security Policy for Encryption of Sensitive Data When Outside of Agency Facilities

Policy for Copying, Scanning, Printing, and Faxing SGI & Classified Information

Computer Security Information Protection Policy

Remote Access Policy

Laptop Security Policy

Computer Security Incident Response Policy Contractor will adhere to NRCs use of personal devices to process and store NRC sensitive information. The NRCs BYOD program allows NRC employees and contractors to conduct official government business using supported personal smart phones and tablets.

All work performed at non-NRC facilities shall be in facilities, networks, and computers that have been accredited by NRC for processing information at the sensitivity level of the information being processed.

Contract Performance and Closeout The contractor shall ensure that the NRC data processed during the performance of this contract shall be purged from all data storage components of the contractors computer facility, and the contractor will retain no NRC data within 30 calendar days after contract Page 42

is completed. Until all data is purged, the contractor shall ensure that any NRC data remaining in any storage component will be protected to prevent unauthorized disclosure.

When a contractor employee no longer requires access to an NRC system, the contractor shall notify the COR within 24 hours2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months .

Upon contract completion, the contractor shall provide a status list of all contractor employees who were users of NRC systems and shall note if any users still require access to the system to perform work if a follow-on contract or task order has been issued by NRC.

Control of Information and Data The contractor shall not publish or disclose in any manner, without the COs written consent, the details of any security controls or countermeasures either designed or developed by the contractor under this contract or otherwise provided by the NRC.

Any IT system used to process NRC sensitive information shall:

Include a mechanism to require users to uniquely identify themselves to the system before beginning to perform any other actions that the system is expected to provide.

Be able to authenticate data that includes information for verifying the claimed identity of individual users (e.g., passwords).

Protect authentication data so that it cannot be accessed by any unauthorized user.

Be able to enforce individual accountability by providing the capability to uniquely identify each individual computer system user.

Report to appropriate security personnel when attempts are made to guess the authentication data whether inadvertently or deliberately.

Access Controls Any contractor system being used to process NRC data shall be able to define and enforce access privileges for individual users. The discretionary access controls mechanisms shall be configurable to protect objects (e.g., files, folders) from unauthorized access.

The contractor system being used to process NRC data shall provide only essential capabilities and specifically prohibit and/or restrict the use of functions, ports, protocols, and/or services, as specified in the contract/grant.

The contractors shall only use NRC approved methods to send and receive information considered sensitive or classified. Specifically,

Classified Information - All NRC Classified data being transmitted over a network shall use NSA approved encryption and adhere to guidance in MD 12.2, NRC Classified Information Security Program; MD 12.5, NRC Cybersecurity Program; and any classified encryption guidance provided by the Committee on National Security Systems.

Classified processing shall be only within facilities, computers, and spaces that have Page 43

been specifically approved for classified processing. All NRC personnel who have been or will be granted an account to access any system or network (to include a stand-alone system or network) on which classified information resides must be an NRC authorized classifier. Contractors must follow the above guidance and procedures when requiring access to or handling classified information. Only designated and authorized classifiers of the contractor may have access to classified information or systems.

SGI Information - All SGI being transmitted over a network shall adhere to guidance in MD 12.7, NRC Safeguards Information Security Program; and MD 12.5, NRC Cybersecurity Program. SGI processing shall be only within facilities, computers, and spaces that have been specifically approved for SGI processing. Cryptographic modules provided as part of the system shall be validated under the Cryptographic Module Validation Program to conform to NIST FIPS 140-2 overall level 2 and must be operated in FIPS mode. The contractor shall provide the FIPS 140-2 cryptographic module certificate number and a brief description of the encryption module that includes the encryption algorithm(s) used, the key length, and the vendor of the product.

All NRC personnel who have been or will be granted an account to access any system or network (to include a stand-alone system or network) on which SGI resides must be an NRC authorized classifier.

The most restrictive set of rights/privileges or accesses needed by users (or processes acting on behalf of users) for the performance of specified tasks must be enforced by the system through assigned access authorizations.

Separation of duties for contractor systems used to process NRC information must be enforced by the system through assigned access authorizations.

The mechanisms within the contractor system or application that enforces access control and other security features shall be continuously protected against tampering and/or unauthorized changes.

Configuration Standards All systems used to process NRC sensitive information shall meet NRC configuration standards available at: http://www.internal.nrc.gov/CSO/standards.html.

Information Security Training and Awareness Training Contractors shall ensure that their employees, consultants, and subcontractors that have significant IT responsibilities (e.g., IT administrators, developers, project leads) receive in-depth IT security training in their area of responsibility. This training is at the employers expense.

In compliance with OMB policy, individuals with significant cybersecurity responsibilities (e.g., ISSOs, System Administrators) must complete required role-based training before assuming the role. NRC contractors must ensure that their staff receives the requisite role-based cybersecurity training at the contractors expense.

Media Handling Page 44

All media used by the contractor to store or process NRC information shall be controlled in accordance with the sensitivity level.

The contractor shall not perform sanitization or destruction of media approved for processing NRC information designated as SGI or Classified. The contractor must provide the media to NRC for destruction.

Vulnerability Management The Contractor must adhere to NRC patch management processes for all systems used to process NRC information. Patch Management reports will made available to the NRC upon request for following security categorizations and reporting timeframes:

5 calendar days after being requested for a high sensitivity system

10 calendar days after being requested for a moderate sensitivity system

15 calendar days after being requested for a low sensitivity system For any contractor system used to process NRC information, the contractor must ensure that information loaded into the system is scanned for viruses prior to posting; servers are scanned for malware, including viruses, adware, and spyware, on a regular basis; and virus signatures are updated at the following frequency:

1 calendar day for a high sensitivity system

3 calendar days for a moderate sensitivity system

7 calendar days for a low sensitivity system For any contractor deliverables or information loaded on external hard drives or other electronic devices, the contractor must ensure that, prior to delivery to the NRC, the device, including software and files, is free of malware, including computer viruses, worms, trojan horses, ransomware, spyware, adware, scareware, browser hijacking software, mobile code, or other malicious code.

(End of Clause)

H.15 ORDERING PROCEDURES FOR MULTIPLE-AWARD INDEFINITE-DELIVERY/INDEFINITE-QUANTITY CONTRACTS (MAR 2014)

[The contracting officer is responsible for providing further specificity to supplement the standard information contained in the ordering procedures set forth below to address the specific requirements of each contract.]

General.

This clause applies to solicitations and contracts for multiple-award Indefinite-Delivery contracts. For the work specified in the SOW, PWS or SOO, the CO may issue an order to one of the IDC contractors. The contractor agrees that issuance of an order in accordance with any of the procedures described below is deemed to have provided the contractor a fair opportunity to be considered as that phrase is used at FAR 16.505(b)(1).

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Ordering Process.

Under this RFTOP this agency will follow the procedures set forth in FAR 16.505.

To the extent that the RFTOP requirements or aspects of the proposal that deviate from the governments requirements and are not within established scope or pricing of the IDC the contractor shall immediately contact the CO for appropriate guidance.

Task/Delivery Order Ombudsman.

To further ensure that all contractors are afforded a fair opportunity to be considered to task or delivery orders pursuant to FAR 16.505, the NRC has an Ombudsman. The purpose of the Ombudsman is not to diminish the authority of the CO, but to receive on behalf of and to communicate to the appropriate Government personnel concerns and disagreements of contractors not receiving a specific order and to work to resolve the matter. When requested, the Ombudsman will maintain strict confidentiality as to the source of the concern. The Ombudsman does not participate in the original selection of contractors or in the evaluation or determination of the issuance of task or delivery orders under the applicable IDC contract. He/She does not act in the capacity of a CO and does not participate in the adjudication of contract disputes in regard to multiple award task or delivery order contracts awarded pursuant to FAR Subpart 16.5.

Interested parties may contact the Ombudsman with concerns or disagreements. Issues or concerns to the NRC task/delivery order Ombudsman may be forwarded to:

U.S. Nuclear Regulatory Commission Acquisition Management Division Attn: Ombudsman Washington, DC 20555 H.16 SECURITY REQUIREMENTS FOR UNESCORTED ACCESS TO NUCLEAR POWER PLANTS (SEP 2013)

Performance under this contract may involve unescorted access to protected and vital areas of nuclear power plants or access to unclassified Safeguards Information (SGI).

Individual contractors requiring access to protected and vital areas of nuclear power plants or access to unclassified SGI will be approved for access in accordance with the following procedures:

A. Interim Approval (a) The contractor shall submit a completed security forms packet, including the OPM Standard Form (SF) 86 (online Questionnaire for National Security Positions), two (2) FD 258 fingerprint charts, copies of the contractors five-year employment and education history checks, including verification of the highest degree obtained, a reference from at least one additional person not provided by the individual, results of a psychological evaluation, and a certification that the contractor has found all checks acceptable, through the Project Officer to PSB/DFS for review and favorable adjudication, prior to the individual performing work under this contract. Interim access authorization approval will Page 46

be revoked and the employee may subsequently be removed from the contract in the event the employee=s investigation cannot be favorably adjudicated. Such employee will not be authorized to work under any NRC contract without the approval of PSB/DFS. A signed NRC form 570, "Access Authorization Acknowledgment," from the individual that he or she understands his or her responsibility to report to the NRC, PSB/DFS, any information bearing on his or her continued eligibility for access authorization as specified in 10 CFR Part 10, Section 10.11 "Criteria" must also be included. The results of a psychological examination, which uses a reliable written personality test or any other professionally accepted clinical evaluation procedure, will be used to evaluate a subject's trustworthiness, reliability, and stability. The contractor shall review all required information for accuracy, completeness, and legibility, except Part 2 of the SF 86 which is required to be completed in private and submitted by the individual to the contractor in a sealed envelope. Failure of the contractor to comply with this clause may be a basis to void the notice of selection. In that event, the Government may select another firm for award.

Or, (b) The individual will arrange to be fingerprinted by the subject utility, and the contractor will submit to the utility's access authorization program.

In Section A above, PSB/DFS will conduct criminal history and credit checks and a security assurance interview with the individual.

Based on the result of these checks, PSB/DFS will determine the individual's eligibility for interim access and provide an objection or no objection to the sponsoring Office pending completion of the required background investigation by OPM. Interim access authorization approval will be revoked and the employee may subsequently be removed from the contract in the event the employee=s investigation cannot be favorably adjudicated. Such employee will not be authorized to work under any NRC contract without the approval of PSB/DFS.

B. Final Approval (a) The required investigation on the individual has been completed, and is satisfactory, resulting in NRC's endorsement of the individual's unescorted access at all nuclear facilities.

Or, (b) The contractor has obtained unescorted access authorization (other than temporary access) at the specific facility through that utility's access authorization program, Or, (c) The individual possesses a valid government issued clearance as verified by PSB/DFS. A valid government issued clearance is defined as a U.S. Government issued security clearance equivalent or higher than an NRC "L" clearance (e.g., Secret) based on a comparable investigation not more than five years old.

If an NRC contract is let to a foreign owned company employing foreign nationals, PSB/DFS will attempt to obtain security assurance from the respective government that Page 47

a comparable investigation has been conducted on the individual. If an acceptable assurance is obtained, PSB/DFS will provide a NO SECURITY OBJECTION without further investigative checks.

The investigation in Section B above may involve Access National Agency Check with Inquiries (ANACI) or other investigation as deemed necessary by PSB/DFS in accordance with 10 CFR Part 10 and NRC Management Directive and Handbook 12.3.

Any questions regarding the individual's eligibility for unescorted access to protected or vital areas of nuclear power facilities will be resolved in accordance with the provisions specified in 10 CFR Part 10, which is incorporated into the contract by reference as though fully set forth herein.

Any questions regarding the individual's eligibility for access to nuclear power reactor SGI will be resolved in accordance with the provisions set forth in Management Directive 12.3. Based on the review of the applicant's security forms by PSB/DFS and/or the receipt of adverse information by NRC, the individual may be denied access to nuclear power reactor SGI until a final determination of his or her eligibility for access is made under the provisions of 10 CFR Part 10. During the processing by PSB/DFS of new individuals for access to nuclear power reactor SGI, access may be granted under licensee programs.

C. Fitness for Duty Pursuant to NRC policy, all contract individuals proposed for performance of task orders requiring unescorted access to nuclear power plants will be subject to the requirements of the licensee's Fitness for Duty program.

D. Basic Exposure Control and Personnel Dosimetry Training Requirements The contractor shall certify that personnel utilized under the scope of work herein have completed basic exposure control and personnel dosimetry training sufficient to meet the requirements of commercial nuclear power plants for unescorted access. Training will be provided on a one time basis, upon issuance of the applicable task order(s), for those individual(s) for whom the contractor cannot certify as to having completed the above training within the past year. Site specific training obtained at each site will still be required during the performance of individual task orders in addition to the basic training.@

(End of Clause)

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SECTION I - Contract Clauses I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

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

52.202-1 DEFINITIONS. (NOV 2013) 52.203-3 GRATUITIES. (APR 1984) 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014) 52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014) 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014) 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014) 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (OCT 2010) 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (OCT 2015) 52.204-2 SECURITY REQUIREMENTS. (AUG 1996) 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER. (MAY 2011) 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN 2011) 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS. (OCT 2016) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2016) 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (OCT 2015) 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS. (JUL 2013) 52.210-1 MARKET RESEARCH. (APR 2011) 52.215-2 AUDIT AND RECORDS - NEGOTIATION (OCT 2010) 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT 1997) 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA. (AUG 2011) 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA. (OCT 2010) 52.215-14 INTEGRITY OF UNIT PRICES. (OCT 2010) 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES. (OCT 2009) 52.216-7 ALLOWABLE COST AND PAYMENT (JUNE 2013) 52.216-8 FIXED FEE. (JUN 2011) 52.216-26 PAYMENTS OF ALLOWABLE COSTS BEFORE DEFINITIZATION. (DEC 2002) 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2011) 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (NOV 2016) 52.219-14 LIMITATIONS ON SUBCONTRACTING. (JAN 2017) 52.222-3 CONVICT LABOR. (JUN 2003)

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52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (APR 2015) 52.222-26 EQUAL OPPORTUNITY. (SEP 2016) 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUL 2014) 52.222-37 EMPLOYMENT REPORTS ON VETERANS. (FEB 2016) 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT. (DEC 2010) 52.222-50 COMBATING TRAFFICKING IN PERSONS. (MAR 2015) 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (OCT 2015) 52.223-6 DRUG-FREE WORKPLACE. (MAY 2001) 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING. (AUG 2011) 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008) 52.227-14 RIGHTS IN DATA-GENERAL. (MAY 2014) 52.227-16 ADDITIONAL DATA REQUIREMENTS 52.227-17 RIGHTS IN DATA - SPECIAL WORKS 52.228-7 INSURANCE - LIABILITY TO THIRD PERSONS. (MAR 1996) 52.232-17 INTEREST. (MAY 2014) 52.232-18 AVAILABILITY OF FUNDS. (APR 1984) 52.232-20 LIMITATION OF COST. (APR 1984) 52.232-22 LIMITATION OF FUNDS. (APR 1984) 52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014) 52.232-25 PROMPT PAYMENT. (JAN 2017) 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT. (JUL 2013) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013) 52.233-1 DISPUTES. (MAY 2014) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS. (APR 1984) 52.242-3 PENALTIES FOR UNALLOWABLE COSTS. (MAY 2014) 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS. (JAN 1997) 52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (JAN 2017) 52.242-13 BANKRUPTCY. (JUL 1995) 52.244-2 SUBCONTRACTS. (OCT 2010) - ALT 1 (JUNE 2007) 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (JAN 2017) 52.245-1 GOVERNMENT PROPERTY. (JAN 2017) 52.245-9 USE AND CHARGES (APR 2012) 52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997) 52.248-1 VALUE ENGINEERING. (OCT 2010) 52.249-6 TERMINATION (COST-REIMBURSEMENT). (MAY 2004) 52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

I.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award date until contract expiration, identified under section F.3 Period of Performance Alt IV.

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(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. The minimum guarantee under this contract is $50,000.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of the awarded ceiling amount; (2) Any order for a combination of items in excess of the awarded ceiling amount; or (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

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(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after twelve (12) months from expiration.

I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to contract expiration.

I.6 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 30 days from contract expiration; 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 three (5) years.

I.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration Page 52

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

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

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

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

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

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

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

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

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

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the Page 53

contracting office, along with the contract number and the date on which the representation was completed:

The Contractor represents that it [x] is, [ ] is not a small business concern under NAICS Code 541690 assigned to contract number 31310018D0011.

I.8 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST.

(JAN 1993)

(a) Purpose. The primary purpose of this clause is to aid in ensuring that the contractor:

(1) Is not placed in a conflicting role because of current or planned interests (financial, contractual, organizational, or otherwise) which relate to the work under this contract; and (2) Does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described apply to performance or participation by the contractor, as defined in 48 CFR 2009.570-2 in the activities covered by this clause.

(c) Work for others.

(1) Notwithstanding any other provision of this contract, during the term of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all employees under this contract abide by the provision of this clause.

If the contractor has reason to believe, with respect to itself or any employee, that any proposed consultant or other contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the contracting officer before the execution of such contractual arrangement.

(2) The contractor may not represent, assist, or otherwise support an NRC licensee or applicant undergoing an NRC audit, inspection, or review where the activities that are the subject of the 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, Page 54

(i) The contractor may not solicit work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate.

(ii) The contractor may not perform work at that site for that licensee or applicant during the period of performance of the task order or the contract, as appropriate, and for one year thereafter.

(iii) Notwithstanding the foregoing, the contracting officer may authorize the contractor to solicit or perform this type of work (except work in the same or similar technical area) if the contracting officer determines that the situation will not pose a potential for technical bias or unfair competitive advantage.

(d) Disclosure after award.

(1) The contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in this contract, that it does not have any organizational conflicts of interest as defined in 48 CFR 2009.570-2.

(2) The contractor agrees that if, after award, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the contracting officer. This statement must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts.

The NRC may, however, terminate the contract if termination is in the best interest of the Government.

(3) It is recognized that the scope of work of a task-order-type contract necessarily encompasses a broad spectrum of activities. Consequently, if this is a task-order-type contract, the contractor agrees that it will disclose all proposed new work involving NRC licensees or applicants which comes within the scope of work of the underlying contract.

Further, if this contract involves work at a licensee or applicant site, the contractor agrees to exercise diligence to discover and disclose any new work at that licensee or applicant site. This disclosure must be made before the submission of a bid or proposal to the utility or other regulated entity and must be received by the NRC at least 15 days before the proposed award date in any event, unless a written justification demonstrating urgency and due diligence to discover and disclose is provided by the contractor and approved by the contracting officer. The disclosure must include the statement of work, the dollar value of the proposed contract, and any other documents that are needed to fully describe the proposed work for the regulated utility or other regulated entity. 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; Page 55

(ii) Compete for work for the Commission based on the information for a period of six months after either the completion of this contract or the release of the information to the public, whichever is first; (iii) Submit an unsolicited proposal to the Government based on the information until one year after the release of the information to the public; or (iv) Release the information without prior written approval by the contracting officer unless the information has previously been released to the public by the NRC.

(2) In addition, the contractor agrees that, to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 (5 U.S.C. Section 552a (1988)), or the Freedom of Information Act (5 U.S.C. Section 552 (1986)), or other confidential or privileged technical, business, or financial information under this contract, the contractor shall treat the information in accordance with restrictions placed on use of the information.

(3) Subject to patent and security provisions of this contract, the contractor shall have the right to use technical data it produces under this contract for private purposes provided that all requirements of this contract have been met.

(f) Subcontracts. Except as provided in 48 CFR 2009.570-2, the contractor shall include this clause, including this paragraph, in subcontracts of any tier. The terms contract, contractor, and contracting officer, must be appropriately modified to preserve the Government's rights.

(g) Remedies. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant interest required to be disclosed concerning this contract or for such erroneous representations that necessarily imply bad faith, the Government may terminate the contract for default, disqualify the contractor from subsequent contractual efforts, and pursue other remedies permitted by law or this contract.

(h) Waiver. A request for waiver under this clause must be directed in writing to the contracting officer in accordance with the procedures outlined in 48 CFR 2009.570-9.

(i) Follow-on effort. The contractor shall be ineligible to participate in NRC contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the contracting officer, the contractor may not perform any technical consulting or management support services work or evaluation activities under this contract on any of its products or services or the products or services of another firm if the contractor has been substantially involved in the development or marketing of the products or services.

(1) If the contractor under this contract, prepares a complete or essentially complete statement of work or specifications, the contractor is not eligible to perform or participate in the initial contractual effort which is based on the statement of work or specifications.

The contractor may not incorporate its products or services in the statement of work or specifications unless so directed in writing by the contracting officer, in which case the restrictions in this paragraph do not apply.

Page 56

(2) Nothing in this paragraph precludes the contractor from offering or selling its standard commercial items to the Government.

(End of Clause)

I.9 2052.222-70 NONDISCRIMINATION BECAUSE OF AGE. (JAN 1993)

It is the policy of the Executive Branch of the Government that:

(a) Contractors and subcontractors engaged in the performance of Federal contracts may not, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement; and (b) That contractors and subcontractors, or persons acting on their behalf, may not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement.

(End of Provision)

I.10 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED (SEP 2013)

In 1998, Congress amended the Rehabilitation Act of 1973 (29 U.S.C. §794d) as amended by the Workforce Investment Act of 1998 (P.L. 105 - 220), August 7, 1998 to require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. Inaccessible technology interferes with an ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, open new opportunities for people with disabilities, and encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508 (29 U.S.C. §794d), agencies must give disabled employees and members of the public access to information that is comparable to access available to others.

Specifically, Section 508 of that Act requires that when Federal agencies develop, procure, maintain, or use EIT, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency. (36 C.F.R. §1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at: http://www.access-board.gov/sec508/standards.htm)

Exceptions.

All EIT that the government acquires by purchase or by lease/rental under this contract must meet the applicable accessibility standards at 36 C.F.R. Part 1194, unless one or more of the following exceptions at FAR 39.204 applies to this acquisition (applicable if checked):

Page 57

[ ] The EIT is for a national security system.

[ ] The EIT is acquired by a contractor incidental to a contract.

[ ] The EIT is located in spaces frequented only by service personnel for maintenance, repair or occasional monitoring of equipment.

[ ] Compliance with the applicable 36 C.F.R. Part 1194 provisions would impose an undue burden on the agency.

Applicable Standards.

The following accessibility standards from 36 C.F.R. Part 1194 have been determined to be applicable to this contract/order. See www.section508.gov for more information:

[ ] 1194.21 Software applications and operating systems.

[ ] 1194.22 Web-based intranet and internet information and applications. 16 rules.

[ ] 1194.23 Telecommunications products.

[ ] 1194.24 Video and multimedia products.

[ ] 1194.25 Self-contained, closed products.

[ ] 1194.26 Desktop and portable computers.

[ ] 1194.31 Functional performance criteria.

[ ] 1194.41 Information, documentation, and support.

Note: Under the Exceptions paragraph, the Contracting Officer should check the boxes for any exceptions that apply. If no exceptions apply, then the Contracting Officer should, under the Applicable Standards paragraph, check the boxes that indicate which of the standards apply. See FAR Subpart 39.2 and www.section508.gov for additional guidance.

(End of Clause)

Page 58

SECTION J - List of Documents, Exhibits and Other Attachments J.1 List of Documents, Exhibits, and Other Attachments Attachment Title Date Number 1 Contractor Spending Plan 2 SUBPART 2009.5 Organizational Conflict of Interest 3a Billing Instructions for Cost Reimbursement Contracts IPP Billing Instructions Cost-Reimbursement Type 3b Contracts 4 NRC Form 187 MONTHLY LETTER STATUS REPORT INSTRUCTIONS 5

FOR CONTRACTS AND ORDERS URL Link provides the attachment:

Inspection Procedure (IP 71111.21M) https://www.nrc.gov/docs/ML1634/ML16340B000.pdf 6

IMC 0612 Power Reactor Inspection Reports https://www.nrc.gov/docs/ML1305/ML13058A316.pdf Page 59

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