ML18285A524

Task Order No. 31310018D0001 Under Delivery Order No. 31310018F0126

ML18285A524
Person / Time
Issue date:	09/28/2018
From:	Mary Thompson Acquisition Management Division
To:	Maldonado P Southwest Research Institute
References
31310018F0126
Download: ML18285A524 (42)

Text

ORDER FOR SUPPLIES OR SERVICES

3. ORDER NO.

4. REQUISITION/REFERENCE NO.

PAGE OF PAGES

5. ISSUING OFFICE (Address correspondence to)

b. STREET ADDRESS IMPORTANT: Mark all packages and papers with contract and/or order numbers.

1

1. DATE OF ORDER

2. CONTRACT NO. (If any)

6. SHIP TO:

a. NAME OF CONSIGNEE

c. CITY

d. STATE

e. ZIP CODE

7. TO:

a. NAME OF CONTRACTOR

f. SHIP VIA

8. TYPE OF ORDER

b. COMPANY NAME

c. STREET ADDRESS

d. CITY

e. STATE

f. ZIP CODE

9. ACCOUNTING AND APPROPRIATION DATA

a. PURCHASE

b. DELIVERY REFERENCE YOUR:

Please furnish the following on the terms and conditions specified on both sides of this order and on the attached sheet, if any, including delivery as indicated.

Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is issued subject to the terms and conditions of the above-numbered contract.

10. REQUISITIONING OFFICE

11. BUSINESS CLASSIFICATION (Check appropriate box(es))

a. SMALL

b. OTHER THAN SMALL

c. DISADVANTAGED

d. WOMEN-OWNED

13. PLACE OF

a. INSPECTION

b. ACCEPTANCE

14. GOVERNMENT B/L NO.

15. DELIVER TO F.O.B. POINT ON OR BEFORE (Date)

16. DISCOUNT TERMS

17. SCHEDULE (See reverse for Rejections) 31310018F0126 NMSS-18-0120 US NRC - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP TWFN-07B20M WASHINGTON DC 20555-0001 PAUL MALDONADO SOUTHWEST RESEARCH INSTITUTE 6220 CULEBRA RD SAN ANTONIO TX 782385166 See Schedule

12. F.O.B. POINT 09/29/2019 NUCLEAR REGULATORY COMMISSION NUCLEAR REGULATORY COMMISSION WASHINGTON DC 20555-0001 OFFICE OF NUCLEAR MATERIAL ITEM NO.

(a)

SUPPLIES OR SERVICES (b)

QUANTITY ORDERED (c)

UNIT (d)

UNIT PRICE (e)

AMOUNT (f)

QUANTITY ACCEPTED (g)

X X

42 Destination Destination 31310018D0001 30

f. SERVICE-DISABLED VETERAN-OWNED

e. HUBZone

g. WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOSB PROGRAM

h. EDWOSB The Contractor shall provide services in accordance wit the Statement of Work entitled, "Technical Assistance for the Development of an Environmental Impact Statement for Interim Storage Partners LLCs License Application Request for a Continued...

19. GROSS SHIPPING WEIGHT

18. SHIPPING POINT

20. INVOICE NO.

21. MAIL INVOICE TO:

a. NAME

b. STREET ADDRESS (or P.O. Box)

c. CITY

d. STATE

e. ZIP CODE SEE BILLING INSTRUCTIONS ON REVERSE 17(h)

TOTAL (Cont.

pages) 17(i)

GRAND TOTAL

$2,233,560.00

22. UNITED STATES OF AMERICA BY (Signature)

23. NAME (Typed)

TITLE: CONTRACTING/ORDERING OFFICER MARK THOMPSON

$0.00 OPTIONAL FORM 347 (Rev. 2/2012)

Prescribed by GSA/FAR 48 CFR 53.213(f)

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION NOT USABLE 09/28/2018 FISCAL ACCOUNTING PROGRAM ADMIN TRAINING GROUP AVERY STREET A3-G BUREAU OF THE FISCAL SERVICE PO BOX 1328 PARKERSBURG WV 26106-1328

DATE OF ORDER 2

ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION CONTRACT NO.

AMOUNT UNIT PRICE UNIT QUANTITY ORDERED SUPPLIES/SERVICES ITEM NO.

IMPORTANT: Mark all packages and papers with contract and/or order numbers.

ORDER NO.

QUANTITY ACCEPTED 31310018F0126 PAGE NO (a)

(b)

(c)

(d)

(e)

(f)

(g) 31310018D0001 Consolidated Interim Storage Facility for Spent Nuclear Fuel."

Task Order Base and All Options:

$2,233,560.00 Task Order Exercised Amount: $1,004,490.00 Task Order Obligation Amount:$750,272.96 Accounting Info:

2018-X0200-FEEBASED-50-50D008-1061-33-4-125-251A-33-4-125-1061 Period of Performance: 09/30/2018 to 03/29/2021 Prescribed by GSA FAR (48 CFR) 53.213(f)

OPTIONAL FORM 348 (Rev. 4/2006)

AUTHORIZED FOR LOCAL REPODUCTION PREVIOUS EDITION NOT USABLE TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17(H))

$0.00

CONTRACTOR ACCEPTANCE OF TASK ORDER 31310018F0125 Acceptance of Task Order No. 31310018F0126 under contract No. 31310018D0001 should be made by having an official, authorized to bind your organization, execute two copies of this document in the space provided and return one copy to the Contracting Officer. You should retain the other copy for your records.

Accepted Task Order No. 31310018F0126 under Contract No. 31310018D0001:

Name Title Date

2 SECTION B - Supplies or Services/Prices....................................................................................3 B.1 BRIEF DESCRIPTION OF WORK.....................................................................................3 B.2 CONSIDERATION AND OBLIGATION TASK ORDERS (AUG 2011)..........................3 B.3 PRICE/COST SCHEDULE.................................................................................................4 SECTION C - Descriptions/Specifications/Statement of Work.....................................................6 SECTION D - Packaging and Marking........................................................................................26 D.1 BRANDING.......................................................................................................................26 D.2 PACKAGING AND MARKING.........................................................................................26 SECTION E - Inspection and Acceptance...................................................................................27 E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013).......................................27 SECTION F - Deliveries or Performance....................................................................................28 F.1 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)..........................28 F.2 PLACE OF DELIVERY-REPORTS...................................................................................28 SECTION G - Contract Administration Data...............................................................................29 G.1 CONTRACTING OFFICERS REPRESENTATIVE AUTHORITY...................................29 G.2 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT - ALTERNATE 1 (OCT 1999).......................................................................................................................................31 SECTION H - Special Contract Requirements............................................................................32 H.1 2052.209-72 CONTRACTOR ORGANIZATIONAL CONFLICTS OF INTEREST. (JAN 1993).......................................................................................................................................32 H.2 2052.215-70 KEY PERSONNEL. (JAN 1993).................................................................35 H.3 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS....................36 SECTION J - List of Documents, Exhibits and Other Attachments.............................................38

3 SECTION B - Supplies or Services/Prices B.1 BRIEF DESCRIPTION OF WORK (a) The title of this project is:

Technical Assistance for the Development of an Environmental Impact Statement for Interim Storage Partners LLCs License Application Request for a Consolidated Interim Storage Facility for Spent Nuclear Fuel (b) Summary work description:

The project described in this Statement of Work (SOW) is to provide Contractor technical assistance to the U.S. Nuclear Regulatory Commission (NRC) staff for the development of an Environmental Impact Statement (EIS) and to assist in National Historic Preservation Act of 1966 (NHPA) Section 106 consultation activities, in support of the staffs environmental review for the revised license application request from Interim Storage Partners LLC (ISP) to construct and operate an Consolidated Interim Storage Facility (CISF) for spent nuclear fuel at the Waste Control Specialists LLC (WCS) proposed site in Andrews County, Texas. The project also includes providing relevant Contractor expertise for a potential adjudicatory hearing on the licensing action.

B.2 CONSIDERATION AND OBLIGATION TASK ORDERS (AUG 2011)

(a) The total ceiling of this contract for the products/services under this contract is (Cost of and Fixed-Fee of for the base period. The amount will increase upon exercise of Option Periods and/or Optional Tasks as shown in Section B.3.

(b) This order is subject to the minimum and maximum ordering requirements set forth in the contract.

(c) The amount presently obligated with respect to this order is $750,272.96 of which represents costs and represents fixed-fee. The obligated amount shall, at no time, exceed the order ceiling as specified in paragraph (a) above. When and if the amount(s) paid and payable to the Contractor hereunder shall equal the obligated amount, the Contractor shall not be obligated to continue performance of the work unless and until the Contracting Officer shall increase the amount obligated with respect to this order, in accordance with FAR Part 43 - Modifications. Any work undertaken by the Contractor in excess of the obligated amount specified above is done so at the Contractor's sole risk and may not be reimbursed by the Government.

(d) The Contractor shall comply with the provisions of FAR 52.232 Limitation of Funds, for incrementally-funded delivery orders or task orders.

(e) In accordance with FAR 52.216 Fixed Fee, it is the policy of the NRC to withhold payment of fee after payment of 85 percent of the fee has been paid in order to protect the Governments interest. The amount of fixed-fee withheld from the contractor will not exceed 15

4 percent of the total fee or $100,000, whichever is less. Accordingly, the maximum amount of fixed-fee that may be held in reserve is B.3 PRICE/COST SCHEDULE CLIN Description Est Cost Fixed Fee Total Cost Plus Fixed Fee 0001 Basic - Cost, Task 1,Subtasks 2A,3A,3B, 4A1,4A2,5A1 0002 Basic - Fee. Task 1,Subtasks 2A,3A,3B,4A1,4A2,5A1 10001 Option Period 1 (Cost &

Fee) - Task 1,Subtasks 2A, 3C,5A1 20001 Option Period 2 (Cost &

Fee) - Task 1,Subtasks 2A,3D,5A1 30001 Subtask 4A3 Option (Cost &

Fee) 30001 Subtask 4A4 Option (Cost &

Fee) 30001 Subtask 4A5 Option (Cost &

Fee) 30001 Total CLIN 30001 (Cost &

Fee) 40001 Task 6 Option (Cost & Fee)

Total

$2,233,560.00

• The contractor shall perform Option Subtasks 4A3, 4A4, AND 4A5 if authorized via Technical Direction from the NRC COR. Technical Direction can be given only after a modification to the task order is issued to exercise CLIN 30001.

5 DESCRIPTION ESTIMATED COST ESTIMATED COST ESTIMATED COST TOTAL ESTIMATED COST Base Task Order Option Pd 1 Option Pd 2 Base plus Option Pd 1 & 2 Award - 3/29/2019 &

10/01/2019 -

3/29/2020 3/30/2020 -

9/30/2020 &

Award - 3/29/2021 3/30/3019 -

9/30/2019 10/01/2020 -

3/29/2021 Labor Subcontractor/Consultant Costs Travel ODC SUBTOTAL Indirect Cost Pool (includes Fringe, OH, G&A, Facilities, &

Material Handling on Sktr)

SUBTOTAL Fixed-Fee TOTAL

$2,233,562.00

6 SECTION C - Descriptions/Specifications/Statement of Work STATEMENT OF WORK FOR TECHNICAL ASSISTANCE FOR THE DEVELOPMENT OF AN ENVIRONMENTAL IMPACT STATEMENT FOR INTERIM STORAGE PARTNERS LLCS LICENSE APPLICATION REQUEST FOR A CONSOLIDATED INTERIM STORAGE FACILITY FOR SPENT NUCLEAR FUEL 1.

PROJECT TITLE The project described in this Statement of Work (SOW) is to provide Contractor technical assistance to the U.S. Nuclear Regulatory Commission (NRC) staff for the development of an Environmental Impact Statement (EIS) and to assist in National Historic Preservation Act of 1966 (NHPA) Section 106 consultation activities, in support of the staffs environmental review for the revised license application request from Interim Storage Partners LLC (ISP) to construct and operate an Consolidated Interim Storage Facility (CISF) for spent nuclear fuel at the Waste Control Specialists LLC (WCS) proposed site in Andrews County, Texas. The project also includes providing relevant Contractor expertise for a potential adjudicatory hearing on the licensing action.

2.

BACKGROUND On April 28, 2016, WCS submitted its license application to request a license for the CISF for a term of 40 years. NRC accepted the application for detailed review on January 26, 2017.

On July 21, 2016, WCS requested that the NRC begin its EIS process as soon as practicable. The NRC responded on October 7, 2016, that it would begin the EIS process in advance of a decision whether or not to accept the WCS application for detailed review.

The decision to begin the EIS process, however, did not presuppose the results of NRCs acceptance review of the WCS application and WCS assumed such risks, including any licensing fees that would be recovered for NRC staff and contractors efforts. On November 14, 2016, the NRC published notice in the Federal Register of the opening of the scoping period for the EIS. The NRC subsequently extended the scoping period two times, with a final closing date of April 28, 2017.

7 On April 18, 2017, WCS requested that the NRCs review of its license application be suspended. The NRC issued a letter on May 10, 2017, acknowledging the suspension request, and the NRC staff and contractor preserved documents associated with its review to efficiently resume reviewing the request if necessary. On June 22, 2017, the NRC Commission, in Commission Order CLI-17-10, directed staff, in part, to re-open the EIS scoping period using established procedures for these activities, should WCS request the NRC to resume its review.

By letter dated June 8, 2018, ISP requested that the NRC resume the review of the CISF license application. ISP provided a revised license application with this letter.

ISP intends for the CISF to be constructed and operated on the WCS site in Andrews County, Texas. The CISF would have the capacity to store up to 40,000 metric tons uranium (MTUs) of spent nuclear fuel (SNF) and reactor-related Greater Than Class C (GTCC) low level radioactive waste (LLW). ISP estimates that approximately 3,000 canisters of SNF and GTCC LLW would be shipped by rail from various nuclear power reactor sites in the U.S. to the WCS site over a period of 20 years.

At the proposed CISF site, WCS is licensed by the State of Texas and authorized under NRC Order to process and store certain types of radioactive material contained in LLW and Mixed Waste (MW). The facility also disposes of hazardous and toxic waste.

The NRCs review of the ISPs revised license application request falls under the purview of the Office of Nuclear Material Safety and Safeguards (NMSS) for regulating activities which provide for the safe storage, transportation and disposal of high-level radioactive waste and spent nuclear fuel and the transportation of radioactive materials regulated under the Atomic Energy Act.

The NRC staff finds that the proposed action is a major Federal action significantly affecting the quality of the human environment, which pursuant to 10 CFR § 51.20(a)(9), requires the NRC to prepare an EIS to meet the requirements of the National Environmental Policy Act of 1969, as amended (NEPA) and pursuant to the NHPA, is also federal undertaking pursuant to 36 CFR 800. In addition, the NRC typically coordinates reviews required by other statutes such as the NHPA and Endangered Species Act (ESA) with its NEPA reviews.

Furthermore, the NRC staff expects that ISPs CISF license application request will receive a high level of interest from potential interveners who live near the site and the licensing action could potentially be adjudicated (i.e., a contested hearing to be conducted by the NRCs Atomic Safety and Licensing Board (ASLB)). Consequently, the NRC staff requires Contractor technical assistance for the development of a Draft and Final EIS and for consultation under Section 106 of the NHPA in support of the staffs review for the ISP license application request to construct and operate an CISF, as well as relevant Contractor expertise for a potential adjudicatory hearing before the ASLB on environmental issues.

3.

STAFFING The Contractor shall ensure that the technical staff (subject matter experts) performing under this task order possess the necessary experience and expertise in the technical areas assigned to them. The NRC reserves the right to approve the Project Manager and the individual technical staff (subject matter experts) assigned to each task from the necessary technical disciplines.

8 The contractors Project Manager shall have in-depth expertise in at least one of the issues covered by the EIS and a general understanding of the range of issues covered by NRC environmental reviews, as outlined in the NRC staffs guidance document, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs (NUREG-1748).

The contractors Project Manager shall have extensive experience in the technical and regulatory aspects necessary for evaluating the environmental impacts of the construction, operation, and/or decommissioning of industrial facilities that require reviews under NEPA such as independent spent fuel storage installations (ISFSIs), and should have expertise in methods used to mitigate the impacts on the environment. The Project Manager should also have experience managing projects with a large and complex scope of work and a diverse number of technical experts.

The contractors technical staff (subject matter experts) shall have specialized experience to include greater than five years experience in conducting reviews in the specific technical areas assigned and shall have an appropriate combination of education, training, and experience in areas required to complete the EIS including, but not limited to, health physics, ecology, historic and cultural resources, hydrology, geology, air quality, greenhouse gas emissions, socioeconomics, environmental justice, transportation, and cost-benefit analyses. Additionally, the contractors technical staff shall have a clear understanding of the depth of review generally required by the NRC and specifically required by the type of activity proposed by the applicant for the disciplines they represent. The contractors technical staff shall also have experience presenting technical information and be able to provide written and oral testimony at adjudicatory hearings on the proposed actions as needed.

The NRC considers the following staff to be essential for this effort:

1.

Project Manager 2.

Environmental Specialist / Scientist / Engineer 3.

Radiation Health Physicist 4.

Hydrologist / Hydrogeologist 5.

Geologist / Seismologist 6.

Nuclear Physicist / Engineer / Criticality 7.

General Engineer / Chemical Engineer 8.

Historic and Cultural Resources Specialist 9.

Ecology and Interrelated Earth Sciences Specialist

10. Environmental Justice Specialist

11. Socioeconomics Specialist

12. Transportation impact assessment Specialist

13. Cumulative impacts assessment Specialist

14. Facilitation/Public Outreach Specialist

15. Nuclear Fuel Facility and/or Spent Fuel Facility Specialist

16. Federal, Tribal, State, and/or other Local Agency Consultation and Coordination Specialist

17. Technical Editor 4.

SCOPE OF WORK The Contractor shall develop an EIS, pursuant to 10 CFR Part 51, that the NRC will use to document its environmental review of ISPs license application request to construct and

9 operate a CISF at the WCS site in Andrews County, Texas. The resource/impact areas to be examined in the EIS in terms of the affected human environment and the potential impacts to that environment - shall include: land use; transportation; geology, seismology and soils; water resources (ground water and surface water); ecological resources (including threatened and endangered species); climatology; meteorology and air quality; climate change; noise; historic and cultural resources; visual and scenic resources; socioeconomics; public and occupational health (non-radiological and radiological); environmental consequences from accidents; waste management; and environmental justice. Of these, preliminary analysis by the NRC staff indicates that the most significant issues may relate to transportation, public and occupational radiological health, ground water, socioeconomics, and environmental justice. Cumulative impacts would also be of importance given the activities currently and/or potentially occurring at the proposed WCS site as well as another potential CISF that is being proposed by Holtec International in the same geographic area.

The EIS will provide a comparative analysis of the potential environmental impacts from the applicants proposed action and from reasonable alternatives to that action, including, but not necessarily limited to, the no-action alternative. The EIS will also need to document the purpose and need for the applicants proposed action, the applicable statutory and regulatory requirements (including and in addition to those of the NRC), mitigation measures to avoid or minimize environmental impacts, environmental measurement and monitoring programs, an analysis of cumulative impacts, and a cost-benefit analysis.

As discussed above, the proposed action is expected to generate substantial external stakeholder interest. Development of the EIS, therefore, will require a comprehensive and robust public outreach and facilitation program.

Preparation of the EIS may involve other federal agencies in the role of cooperating agencies, with the NRC as the lead federal agency. The NRC will coordinate the role of the cooperating agencies, if any, in the schedule for EIS preparation. These cooperating agencies may provide input to and comments on working copies of the draft and final EIS.

The Contractor shall prepare the EIS in accordance with the NRCs applicable NEPA-implementing regulations in 10 CFR Part 51 and associated NRC staff guidance in NUREG-1748. Also, the NRC typically coordinates reviews required by other statutes such as the NHPA and ESA with its NEPA reviews. Therefore, the Contractor is expected to be cognizant of other statutes that the NRC will need to comply with during its licensing review of the proposed action. In addition, the Contractor shall provide the NRC staff with relevant expertise for a potential adjudicatory hearing on environmental issues.

In addition, the Contractor shall provide support of the NHPA consultation process, potentially including research, facilitation, survey assistance, development of recommendations, assessment of effects, and support in developing mitigation plans.

5.

SPECIFIC TASKS The specific tasks and deliverables required for the Contractor to complete the EIS, assist the NHPA consultation process, and provide support for a potential adjudicatory hearing on environmental issues are described in detail below. See also Section 7 of this SOW for a list of required deliverables and the deliverable/milestone schedule and Section 12.1 for travel requirements for the task order.

10 In preparing the EIS, the Contractor shall use the information provided by the NRC and additional information obtained by the Contractor, as described in the tasks/subtasks below.

In addition, the Contractor shall incorporate in the EIS other information and conclusions developed during the NRC staffs safety review of ISPs revised license application request, as will be documented in the NRCs Safety Evaluation Report (SER), such as potential public and occupational health impacts, and environmental consequences from accidents.

Furthermore, the Contractor shall also use any additional information as provided by the NRC, which either supplements or replaces ISPs revised license application request.

For example, the additions to the application may come in the form of an application supplement(s), and/or ISPs responses to NRC requests for additional information.

5.1 Task 1 - Project Management (ONGOING)

This task shall last for the entire duration of the EIS development, the NHPA consultation process, and, if needed, the adjudicatory hearing. It may involve travel for the Contractor Project Manager to meet with the NRC Contracting Officers Representative (COR), if needed.

Communication The Contractor Project Manager shall have a weekly status call or face-to-face meeting with the NRC COR to discuss the status of the project (e.g., technical issues, contract monitoring, file management). Communication may be more or less often depending on the need.

File Management The Contractor shall use the Pacific Northwest National Laboratorys EARRTH website for file management. EARRTH shall be accessible by all Contractor project team members and contain project-related documents, correspondence, and all working and final files.

The NRC COR will facilitate access to EARRTH for all Contractor staff. See Section 9 -

Government Furnished Property for more detail on EARRTH.

Quality Assurance Program The Contractor Project Manager shall have overall responsibility for ensuring that a robust and comprehensive quality assurance program is adequately implemented. The Contractor Project Manager shall ensure that all deliverables have been prepared in accordance with quality assurance standards and shall review all deliverables for adequacy, accuracy, and consistency in technical content.

5.2 Task 2 - Support for Technical Review of Revised License Application The Contractor shall keep the NRC COR informed (via email, phone, or other correspondence) on at least a weekly basis, describing the information collected, reviewed, and analyzed under Subtask 2A, including, but not limited to, deficiencies found in the applicants submitted information (i.e., the license application, including the safety analysis report (SAR) and environmental report (ER), and any other supplemental information provided in support of the application); other information deficiencies; and any portions of other NEPA documents and other environmental reviews for activities at the proposed CISF site and in the vicinity of the proposed project that can be either adopted, tiered, and/or incorporated by reference into the NRCs EIS.

Subtask 2A - Collect and Review Information

11 As an essential step in the EIS development, the Contractor shall review project-related information provided by the NRC COR and shall also independently collect and review additional information related to the proposed CISF project area and its environs and to the activities proposed by the applicant in its license application request, as needed for preparation of the comprehensive Draft and Final EIS documents. The information initially provided by the NRC COR includes the revised license application, SAR, and ER and the other documentation listed in Section 6 of this SOW. The NRC COR will provide additional relevant documents to the Contractor as they become available throughout the duration of the task order. The Contractors independent data collection shall include, among other available data and information sources, references cited in the applicants revised license application, SAR, and ER, and relevant documents found through a comprehensive search and utilization of the NRCs publicly available Agency-Wide Documents Access and Management System (ADAMS), at http://www.nrc.gov/reading-rm/adams.html. Relevant documents in ADAMS may be found by the Contractor by searching, for example, under Docket Number 72-1050.

As part of this information collection and review subtask, the NRC COR, with the assistance of the NRC safety/licensing project manager, will facilitate the Contractors coordination with the members of the NRCs safety review team for the project who are preparing the SER.

The NRC safety review team members and their contact information will be identified by the NRC COR following task order authorization. The purpose of this coordination is for Contractor and NRC safety review staff counterparts to familiarize themselves with each other, establish an understanding for initial and ongoing coordination and discussions as needed, and identify and exchange information as needed for the ongoing environmental and safety reviews. Contacts may be by phone, email, or other correspondence, as necessary and appropriate. Contacts between Contractor staff and NRC safety review staff shall be made with the knowledge of the NRC COR and the NRC safety/licensing project manager, and may be arranged by the NRC COR when necessary.

Further, with the knowledge and approval of the NRC COR, the Contractor shall include in its EIS development process any additional coordination necessary to cover laws and regulations other than NEPA. In addition, as requested by the NRC COR, the Contractor shall provide support for NRC consultations, i.e., Section 106 consultation of the NHPA and Section 7 consultation under the ESA, as well as support for NRC coordination with other Federal, State, and local agencies. This support may include identification of agencies to contact, providing supporting information/documentation for consultations/coordination, input to and review of NRC letters/emails to agencies, etc. To these ends, the Contractor shall compile a list of federal, tribal, state, and local statutes, laws, and permits that are applicable to the project, with an accompanying short description of each statue, law, or permit. Information resulting from NRCs consultations/coordination with other agencies will be provided to the Contractor for use in the EIS analyses, as well as for summary, referencing, and reproduction, as necessary, in the EIS documents.

Although the Contractor shall endeavor to conduct the bulk of the required information collection and review at the outset of the project, the Contractor shall continue to collect and review information throughout the duration of the project, as necessary and as additional information may be identified or otherwise become available, to support the development and completion of the EIS and to provide support for a potential adjudicatory hearing on environmental issues. Coordination and discussions between Contractor, the NRC COR,

12 and the NRC safety review staff are also expected to be ongoing, as necessary, throughout the duration of the task order.

The Contractor shall develop and maintain a bibliographic listing of all documents collected (reports, maps, papers, data files, etc.), including ADAMS Accession Numbers or web links where applicable, and shall also maintain on file electronic copies of all collected documents. The Contractor shall include in the listing a short description of each document and an accompanying brief discussion of how the document will be used in the EIS.

The bibliographic document list shall be in a format suitable for use in the EIS reference lists; and all references ultimately cited in both the EIS (cited references and maps, drawings, tables, etc.) must be already publicly available in ADAMS or elsewhere in the public record or can be made publicly available in ADAMS. The Contactor shall make the document list and electronic copies of documents, including periodic updates, available to the NRC COR upon request. The Contractor shall be responsible for obtaining and providing the NRC COR with appropriate permissions for use of any copyrighted materials and reference documents in the EIS.

5.3 Task 3 - Draft and Complete Draft EIS The Contractor shall draft and complete a Draft EIS that will document the NRC staffs evaluation of the potential environmental impacts of the construction and operation of the CISF as proposed by ISP. The Draft EIS shall be completed in accordance with the requirements specified in Subtasks 3A through 3D below. The Contractor shall format the EIS to meet NRC standards in NUREG-0650, Preparing NUREG-Series Publications, Revision 2, and NUREG-1379, NRC Editorial Style Guide. Graphics for the EIS shall be prepared by the Contractor in consideration that the NRCs published hardcopy versions of the EIS documents will be printed in black and white.

Prior to submission to the NRC, the Contractor shall review all versions of the EIS for adequacy, accuracy, and consistency in technical content. In addition, reviews of the EIS shall be conducted by the Contractors technical editor. To the maximum extent possible, the EIS shall read as if written by a single author, rather than seeming to be a compilation of individual articles written by multiple authors in differing styles. Additionally, the EIS should be written in plain language, meeting the intent of NRCs plain writing philosophy, techniques, and guidance (see http://www.nrc.gov/public-involve/open/plain-writing/nrc-philosophy.html#guidance).

Subtask 3A - Prepare Preliminary Draft EIS The Contractor shall provide a Preliminary Draft EIS that is consistent with 10 CFR Part 51 (see 10 CFR 51.70, 51.71, and 51.80) and the guidance provided in NUREG-1748.

However, the applicants responses to NRCs Request for Additional Information (RAI) are not expected to be available in time for inclusion in the Preliminary Draft EIS. Nevertheless, all of the Preliminary Draft EIS chapters/sections developed in Subtask 3A shall be as near complete and thorough as possible based on all other available data and information sources from Subtask 2A.

Subtask 3A1 - Preliminary Draft Description of the Affected Environment The Contractor shall prepare a Preliminary Draft Description of the Affected Environment.

The Contractors effort and attention shall be concentrated on important issues identified in (1) the applicants license application, SAR, and ER, (2) the NRCs input, (3) comments and

13 other information from the EIS scoping process, and (4) new information from the site visit/re-visit and other sources, as appropriate. Topical areas to be addressed should be consistent with those identified in the NRC COR-approved Revised Annotated EIS Outline.

Additionally, descriptions of the environmental resource areas to be affected should identify the important attributes of the resource, the effect on which shall be the focus of the description of environmental impacts (see Subtask 3A2).

Subtask 3A2 - Preliminary Draft Description of Environmental Impacts The Contractor shall prepare a Preliminary Draft Description of the Environmental Impacts of the Proposed Action and Alternatives. For the proposed action and each of the reasonable alternatives described in the NRC COR-approved Revised Description of the Proposed Action and Alternatives, the Contractor shall assess the potential environmental impacts of normal operating conditions, including direct, indirect and cumulative impacts, as well as climate change and accident scenarios (as appropriate). Mitigation measures committed to and proposed by the applicant to avoid or minimize environmental impacts shall be identified and taken into consideration in the impact evaluation. The assessment of the impacts shall be based on the guidance provided in NUREG-1748, and shall be conducted for the following resource/impact areas, as appropriate: land use, transportation, geology, minerals and soils, water resources (groundwater and surface water - water use and water quality),

ecological resources, air quality, climate change, noise, historic and cultural resources, visual and scenic resources, socioeconomics, public and occupational health (non-radiological and radiological), accidents, waste management, and environmental justice.

In consultation with the NRC COR, the Contractor shall limit impact descriptions to those resource areas that are reasonably impacted by the proposed action or alternatives.

Additionally, the length and level of detail of the description of the impacts for each resource area should be informed by the significance of the impacts to that resource area. For the impact discussion for resource areas other than environmental justice, historic and cultural resources, and threatened and endangered species, the Contractor shall make use of the impact significance levels (SMALL / MODERATE / LARGE) in Section 4.2.5.3 of NUREG-1748. The focus of the impact evaluation for those resource areas is to be on the important attributes of the resource and whether the environmental effects alter and separately destabilize those attributes. For environmental justice, historic and cultural resources, and threatened and endangered species, the Contractor shall use the impact wording specific to those resources (e.g., disproportionately high and adverse impact, adversely effect, adversely affect).

The Contractor shall coordinate development of impacts from any accident scenarios with the NRC COR. If accident scenarios and their impacts, if any, are developed by NRC safety staff in preparation of the NRCs SER for the license application, they will be provided, as necessary, to the Contractor for inclusion (and modification as necessary) in the EIS. Note, however, that if the accident scenarios and impacts (if any) are not yet available for inclusion in the Preliminary Draft EIS, they will be provided by the NRC COR for inclusion by the Contractor in a subsequent version of the Draft EIS. The accident scenario and impact information included in the Draft EIS (and later in the Final EIS) must be presented in a form that can be made publicly available.

Subtask 3A3 - Preliminary Draft EIS The Contractor shall prepare and provide the NRC COR with a Preliminary Draft EIS in accordance with the NRC's November 14, 2016, Notice of Intent to Prepare an EIS and the

14 NRC COR-approved Revised Annotated EIS Outline. A copy of the Preliminary Draft EIS also shall be placed on EARRTH.

The material developed in Subtasks 3A1 and 3A2 shall be incorporated into the Preliminary Draft EIS. The Contractor shall also develop and provide all additional materials necessary for a complete Preliminary Draft EIS including, but not necessarily limited to: EIS introductory information (i.e., cover sheet, summary, table of contents); a description of the purpose and need for the proposed action; a description of the scope of the analysis in the EIS; information on applicable statutory and regulatory requirements, permits and consultations; identification of the applicants proposed mitigation strategies, if any, and identification of any additional NRC recommended mitigation measures that may be necessary to avoid or minimize the impacts, as appropriate; a description of ISPs environmental measurement and monitoring programs; a cost-benefit analysis of the proposed action and alternatives; and a summary of environmental consequences.

Subtask 3A4 - Writing Session for the Preliminary Draft EIS The NRC will conduct a writing session of up to five (5) days in length with the Contractor on the Preliminary Draft EIS. This writing session shall take place either at the NRC Headquarters offices in Rockville, MD or at the Contractors office in Rockville, MD.

The purpose of the writing session shall be for the NRC to present its comments on the Preliminary Draft EIS and to provide clarification of the comments, as needed. The Contractor shall make available staff involved in the preparation of the Preliminary Draft EIS to take part in the writing session, either in person (if the staff is local) or by telephone or other appropriate medium (if the staff is not local). The writing session agenda and schedule shall be determined in consultation with the NRC COR in advance of the meeting.

Subtask 3B - Prepare Draft EIS Subtask 3B1 - Working Copy of the Draft EIS The Contractor shall revise the Preliminary Draft EIS consistent with (1) NRC comments received at the Preliminary Draft EIS writing session (see Subtask 3A4), (2) NRC resolution of any cooperating agency comments (if there are one or more agencies cooperating with the NRC in the preparation of the EIS), and (3) the applicants RAI responses. This Working Copy of the Draft EIS shall be placed on EARRTH.

Subtask 3B2 - Writing Session for the Working Copy of the Draft EIS A Working Copy Draft EIS writing session of up to five (5) days in length shall be held with NRC staff and cooperating agency staff (if any). This writing session shall take place either at the NRC Headquarters offices in Rockville, MD or at the Contractors office in Rockville, MD. At the meeting, staff from the NRC, the Contractor, and cooperating agencies (if any) shall conduct a line-by-line review of the Working Copy, as necessary. The Contractor shall make available staff involved in the preparation of the Preliminary and Working Draft EIS to take part in the writing session, either in person (if the staff is local) or by telephone or other appropriate medium (if the staff is not local). The writing session agenda and schedule shall be determined in consultation with the NRC COR in advance of the meeting.

Subtask 3B3 - Draft EIS The Contractor shall incorporate comments from the Working Copy Draft EIS writing session to produce the final Draft EIS. The Contractor shall submit this version of the Draft EIS to the NRC COR and place a copy on EARRTH.

15 The NRC COR will provide and direct the Contractor to incorporate any comments generated during the NRC and cooperating agency (if any) internal and legal review of the Draft EIS. During this time, to facilitate the review process and expedite subsequent revision of the Draft EIS, the Contractor shall assist in promptly addressing and responding to NRC and cooperating agency management, legal, and technical reviewer comments, as requested by the NRC COR. Within two (2) business days of the NRC CORs direction (or longer at the NRC CORs discretion), the Contractor shall post a revised final Draft EIS on EARRTH that addresses the comments received and notify the NRC COR. Subsequently, there may be up to two (2) additional versions of the revised final Draft EIS requested from the Contractor by the NRC COR, with each of these two versions incorporating additional revisions that are presently anticipated to be relatively minor and editorial in nature. Each of these additional versions shall be posted on EARRTH by the Contractor within one (1) business day of receiving direction from the NRC COR (or longer at the NRC CORs discretion).

Following the resolution of comments received during the pre-Draft EIS issuance document review and concurrence periods, the Contractor shall submit a camera-ready version of the Draft EIS to the NRC COR consistent with the schedule in Table 1 of this SOW.

Optional Subtask 3B4 - Additional Support for EIS Development Under this optional subtask, the Contractor, in coordination with the NRC COR, shall provide additional support to address (1) a larger than expected number of public scoping comments and/or to address comments requiring additional analysis; (2) a larger than anticipated numbers of internal review comments or significant changes to draft documents resulting from review comments (such as from concurrence reviews or legal reviews); and/or (3) significant changes or updates to draft documents resulting from external comments, such as from the EPA and tribal interactions. The level of effort shall be determined at the time this optional subtask is exercised.

Subtask 3C - Public Meeting(s) and Comments on the Draft EIS The NRC will issue the Draft EIS for public comment in conjunction with a notice of availability that will be published in the Federal Register. It is anticipated that the public comment period will conclude 60 calendar days after EPAs notice of availability of the Draft EIS in the Federal Register. (The NRC may extend the public comment period by up to two (2) 15-day extensions, to a possible 90 calendar-day total based on requests from the public or other factors.) The NRC will hold up to six (6) public meetings during the Draft EIS public comment period.

16 Subtask 3C1 - Draft EIS Public Comment Meeting(s)

The Contractor is required to attend the Draft EIS public comment meeting(s) for the project.

In addition, the Contractor may be requested by the NRC COR to provide information for and to review and provide comments on the PowerPoint presentation prepared by the NRC staff for the meeting(s), and to assist the NRC staff in the preparation of anticipated questions and responses to those questions as well as other information for the meeting (e.g., posters, handouts). The NRC staff presently anticipates that up to two (2) Draft EIS public comment meetings will be held on the same day or on consecutive days in the vicinity of the project site. The NRC staff also anticipates holding two (2) Draft EIS public comment meetings in cities or major metropolitan areas in Texas and/or New Mexico, and two (2) more meetings from NRC Headquarters in Rockville, Maryland. The public meeting(s) shall be attended by the Contractors Project Manager and up to five (5) Contractor technical staff members (subject matter experts). The Contractors meeting attendees shall be determined in consultation with the NRC COR in advance of the meeting(s).

Subtask 3C2 - Draft Delineation, Compilation, and Binning of Public Comments and Draft Responses to Comments The Contractor shall delineate, compile, and bin (i.e., organize by topic area and related issue) all public comments on the Draft EIS received by the NRC from all sources (e.g.

public comment meeting transcript(s), e-mail, regular mail, regulations.gov, etc.). Working closely with the Contractor, the NRC COR will review and approve the delineation and binning of the comments. The Contractor shall make use of the NRCs Comment Response Database on the EARRTH website, as appropriate, to delineate, bin, and respond to comments. It is presently anticipated that approximately 2,000 distinct comments will be received.

Note that many of the comments may be submitted to the NRC near the end of the public comment period. Therefore, the Contractor shall begin comment delineation, compilation, and binning upon receipt of the first set of comments from the NRC COR and will proceed with delineation, compilation, and binning as each set of additional comments is sent by the NRC COR. Note also that many commenters may submit multiple comments within a single submittal (e.g., e-mails, letters, or verbal or written public meeting statements containing several comments on a number of different topics), and the Contractor shall appropriately delineate and bin the comments from such submittals.

Each document containing comments from external stakeholders shall be identified with a unique identification number. The contractor shall review all comments and delineate each unique, individual comment within each comment-document. Each unique, individual comment shall also have its unique identification number. As noted above, the Contractor will start delineation of comments as soon as NRC provides the first comment-document (e.g., e-mail, transcript, letter) and will provide the outcome of the delineation as it completes the review of comment-documents (i.e., the Contractor shall not wait until it has finished reviewing and delineating all comments to submit the results of the delineation to the NRC COR). At the same time, the Contractor shall start binning the comments based on the scope and message of the comments. Before starting to develop written responses, the Contractor will provide the NRC COR with the results of the delineation and binning of all the comments. The Contractor shall use EARRTH to provide current working versions of the delineation and binning.

17 The Contractor also shall prepare written responses to the public comments on the Draft EIS. The NRC COR will work with the Contractor to identify public comments that would require NRC preparation of the response given the regulatory or policy issues or implications raised by the commenter. The Contractor shall use EARRTH to provide current working versions of the comment responses.

The Contractor shall prepare and submit a Draft Compilation of Comments and Responses to the NRC COR, which will later become an appendix to the Final EIS described in Subtask 3D. It is presently anticipated that all comments shall be reproduced verbatim in the Draft Compilation of Comments and Responses (and subsequent Final EIS appendix), but that similar comments shall be grouped with a single response provided for each group.

In addition, the nature (i.e., general subject matter) of the comments in each group (whether the group contains multiple comments or a single comment) shall be summarized as an introduction to each group of comments. Further, for any comments that result in a change(s) to the Draft EIS, the location(s) of the change(s) in the Final EIS shall be identified in the comment response. The NRC COR will provide the format for the Draft Compilation of Comments and Responses in advance of commencing work on Subtask 3C2.

Depending on the number of comments received on the Draft EIS, the NRC may, by the issuance of a modification to the Contractor task order, adjust the Contractors delivery time for the Draft Compilation of Comments and Responses.

Subtask 3C3 - Final Compilation of Comments and Responses The Contractor shall incorporate the NRC review comments (legal and technical) and NRC resolution of cooperating agency review comments (if any) on the Draft Compilation of Comments and Responses, and the revised compilation shall be included as an appendix in the Final EIS described in Subtask 3D. In addition, the Contractor may have to revise the binning of some of the comments based on NRC or cooperating agency feedback.

Subtask 3D - Prepare Final EIS Upon direction from the NRC COR, the Contractor shall continue with the development of the Final EIS as indicated below.

Subtask 3D1 - Draft Final EIS The Contractor shall prepare a Draft Final EIS that includes revisions to the Draft EIS made in response to public comments on the Draft EIS evaluated under Subtask 3C and on any new or revised information that may become available following the development of the Draft EIS. The changes to the Draft EIS shall be clearly shown as tracked changes with side bars in the Draft Final EIS. In addition, the Contractor shall incorporate the Final Compilation of Comments and Responses from Subtask 3C3 into the Draft Final EIS as an appendix. The comment responses shall direct the reader to locations (section numbers, table numbers, figure numbers, etc.) within the Draft Final EIS where the text has been changed in response to the comments. The Contractor shall place the Draft Final EIS on EARRTH.

Subtask 3D2 - Writing Session for the Final EIS A Final EIS writing session of up to five (5) days in length shall be held after the Contractor receives NRCs comments and resolution of cooperating agency comments (if any) on the

18 Draft Final EIS. The Contractor shall review, address, and incorporate the comments received on the Draft Final EIS during the time period between the receipt of the comments and the Final EIS writing session. At the meeting, staff from the Contractor, NRC, and cooperating agencies (if any) shall conduct a line-by-line review of the Draft Final EIS, as necessary, and produce revisions to the document. The Contractors meeting attendees and the meeting agenda and schedule shall be determined in consultation with the NRC COR in advance of the meeting. The Contractor shall make available staff involved in the preparation of the Draft Final EIS to take part in the writing session, either in person (if the staff is local) or by telephone or other appropriate medium (if the staff is not local). The writing session agenda and schedule shall be determined in consultation with the NRC COR in advance of the meeting.

Subtask 3D3 - Final EIS The Contractor shall revise the Draft Final EIS to incorporate comments from the Final EIS writing session to produce the Final EIS, and shall submit the Final EIS to the NRC COR and place a copy on EARRTH. The NRC COR will provide and direct the Contractor to incorporate any comments generated during the pre-Final EIS issuance document review and concurrence periods of the NRC and any cooperating agencies. During this time, to facilitate the review process and expedite subsequent revision of the Final EIS, the Contractor shall assist in promptly addressing and responding to NRC and cooperating agency reviewer comments, as requested by the NRC COR. Within two (2) business days of the NRC CORs direction (or longer at the NRC CORs discretion), the Contractor shall submit a revised Final EIS to the NRC COR. Subsequently, there may be up to two (2) additional versions of the revised Final EIS requested from the Contractor by the NRC COR, with each of these two versions incorporating additional revisions that are presently anticipated to be relatively minor and editorial in nature. Each of these additional versions shall be provided by the Contractor within one (1) business day of receiving direction from the NRC COR (or longer at the NRC CORs discretion).

Following the resolution of comments received during the pre-Final EIS issuance document review and concurrence periods, the Contractor shall submit a camera-ready version of the Final EIS to the NRC COR consistent with the schedule in Table 1 of this SOW.

5.4 Task 4 - NHPA SECTION 106 REVIEW The Contractor shall continue to conduct the activities related to the NHPA Section 106 review and consultation that were begun in the initial year of the task order. As needed, the Contractor shall continue to coordinate meetings, site visits, and communication between all parties (Tribes, Tribal Historic Preservation Offices [THPOs], Texas and New Mexico State Historic Preservation Offices [SHPOs], NRC, the Advisory Council on Historic Preservation [ACHP], etc).

Subtask 4A1 - Assistance with Section 106 Activities The Contractor shall plan, coordinate, and conduct activities relating to the NHPA Section 106 review, as needed and in consultation with the NRC COR. The schedule and timing of the consultation activities, review, and required findings should be coordinated with the schedule of the NEPA review so that the Section 106 process, to the extent possible, is completed along with the NEPA review. That is, the NEPA and Section 106 reviews should be coordinated together to leverage site visits, information gathering meetings, public involvement, among other opportunities, as appropriate.

19 Activities to be completed by the Contractor may include:

Conducting research, sharing expertise, and providing technical assistance to the NRC COR;

Assisting with development, delineation and graphical representation for the Areas of Potential Effect;

Participating in and coordinating local meetings, teleconferences, and/or webinars with Tribal representatives and other stakeholders;

Early coordination meetings and possible site survey with tribal members;

Participating in discussions with NRC experts as well as with the ACHP and the Licensees consultants to resolve conflicts and to help move the Section 106 process along; and

Supporting documentation of the Section 106 activities as well as conducting an ethnographic study (if one is needed).

The Contractor shall:

Develop reports and recommendations complying with SHPO guidelines for cultural reports;

Participate in discussions with NRC and stakeholders to facilitate the Section 106 consultation process; and

Interact with all Tribes involved, as established by the NRC, and ensure adequate communication is maintained between all parties.

If necessary, the Contractor shall prepare a summary report documenting the Section 106 consultation activities performed including details such as personnel involved and decisions made. Prior to initiation of this Task, the NRC COR will provide more direction on the details of the Section 106 Review Summary Report.

Subtask 4A2 - Tribal Meetings (1 site visit/meeting) and 2 Additional meetings If needed, at the direction of the NRC COR, the Contractor shall prepare for and attend for up to three (3) in-person, multi-Tribe meetings in locations to be determined. Tasks may include:

Arrange and facilitate meeting o

Contact Tribes (including confirmation and response to questions);

o Coordinate approval for meeting materials;

Provide logistics for meeting (select meeting location, provide necessary maps and other materials, instrumentation, and any other support including on site transportation, as needed);

o Support COR in all activities for the meeting; o

Prepare summary of tribal meeting for NRC and stakeholder review; and o

Follow-up with any action items.

Prepare for, attend and follow-up for teleconferences (at least 2 calls), including:

o Arranging teleconferences and providing for all logistics; o

Contacting Tribes, including confirmation and response to questions; and o

Preparing summary of teleconference for NRC review and approval.

20 Option Subtask 4A3 - Ethnographic Study If needed, at the direction of the COR, the Contractor shall conduct an ethnographic study.

The scope of the study may include assembly and review of existing cultural resource records and other primary and secondary sources. Sources may include:

General environmental data sources (e.g., plant, animal, water, mineral) that may provide information regarding traditional cultural uses of the landscape;

Existing historic, ethnohistoric, and ethnographic studies for the landscape available from regional studies and academic libraries;

Tribal historical resources, local libraries, historical societies, and other repositories;

Archaeological site reports and records for the landscape and its environs;

Tribal representatives (e.g., THPOs) as well as Tribal elder interviews (interview questions should also be part of the record keeping); and

Any other resources that would contain useful historical context regarding historical properties that might have cultural and religious significance to interested Tribes near the proposed project.

Option Subtask 4A4 - Traditional Cultural Property Survey and Report If needed, at the direction of the NRC COR, the Contractor shall provide Traditional Cultural Property (TCP) survey assistance to tribes, if requested. Assistance may include:

Work with NRC COR and tribes to coordinate site survey and logistics (up to four weeks; dates TBD);

Provide Tribes with record keeping (if requested);

Work with Tribes with TCP identification and documentation efforts (this might require the Contractor to be onsite with affected Tribes for the duration of the study);

Provide materials for use in site surveys including maps;

Provide logistics and support to tribes including site transport, if requested;

Assist Tribes in developing the TCP study summary report; and

Provide overall management of the TCP survey. If the Contractor becomes aware of any issues (e.g., communication, technical, schedule), the Contractor shall inform the COR within one business day by email.

Option Subtask 4A5 - Additional Support to Conduct Required Analyses At the direction of the NRC COR, the Contractor shall provide resources for additional support for Section 106 Consultation activities listed in Subtasks 4A1 - 4A4. Prepare documentation and/or report to SHPO based on interaction, independent analysis, and tribal site survey information. All documentation should be consistent with SHPO guidelines.

Task 5 - Hearing Support It is presently anticipated that petitioners may submit written contentions on the applicants license application and/or NRCs proposed licensing action for consideration by the ASLB.

If any of these contentions are admitted by the ASLB, there will be a contested hearing held on the project. If need and as requested by the NRC COR, the Contractor shall support the NRC staff by reviewing the submitted contentions on environmental issues and

21 providing written responses (including copies of reference materials, as necessary) to these contentions, as well as other written materials in response to interrogatories from the ASLB on the contentions and related matters, as required. If needed and as requested by the NRC COR, the Contractor shall also review and provide written comments on any written materials submitted by the applicant and other parties relevant to the submitted contentions.

It shall be assumed that up to ten (10) contentions on environmental issues will be submitted by petitioners.

Option Task 6Additional Support to Complete EIS and Conduct Required Analyses Under this optional subtask, CNWRA, in coordination with the NRC COR, will provide additional support to address (i) a larger than expected number of draft EIS comments and/or to address comments requiring additional analysis; (ii) a larger than anticipated number of internal review comments or significant changes to draft documents resulting from review comments (such as from concurrence reviews or legal reviews); and/or (iii) significant changes or updates to draft documents resulting from external comments, such as from the U.S. Environmental Protection Agency (EPA) and tribal interactions. The level of effort will be determined at the time this optional subtask is exercised. For the purpose of cost estimation, however, 300 hours0.00347 days <br />0.0833 hours <br />4.960317e-4 weeks <br />1.1415e-4 months <br /> have been included in the Cost Proposal under this optional task.

6.

APPLICABLE DOCUMENTS AND STANDARDS The documents listed below are relevant to the requirement and shall be used by the Contractor in the performance of the task order. The documents are publically available and may be obtained by the Contractor from ADAMS or through the web links and other citations shown. The NRC COR will continue to identify and provide necessary documents to the Contractor as they become available throughout the period of performance of this task order.

The Contractor shall be familiar with and shall rely upon the following documents in the performance of this effort:

ISPs license application, SAR, and ER

ISPs responses to RAIs and any other supplemental information provided by ISP

NUREG-1748, Environmental Review Guidance for Licensing Actions Associated with NMSS Programs 7.

DELIVERABLES AND DELIVERY SCHEDULE The presently anticipated schedule for deliverables/milestones required under this task order is outlined in Table 1 below. All deliverables shall be provided electronically to the NRC COR in MS Word format. The MS Word documents should be saved such that they are compatible with previous MS Word versions. In addition, certain deliverables (primarily the final and revised final versions of the Draft EIS, but others if requested) shall also be provided electronically in PDF format, upon request from the NRC COR. Except where otherwise noted, all deliverables/milestones are the responsibility of the Contractor.

Following task order authorization, in consultation with the NRC COR, the Contractors Project Manager shall develop and maintain a detailed project schedule electronically in

22 MS Project. This schedule shall be updated as necessary and provided to the NRC COR periodically upon request.

23 Table 1. Deliverable/Milestone Schedule Task Subtask Deliverable/Milestone Anticipated Schedule 2

2A Bibliographic listing of all documents collected and file of electronic copies Developed, maintained and updated as stated in Subtask 2A description, and provided to NRC COR upon request 2

2A Permissions for use of copyrighted materials and reference documents Provided to NRC COR as needed 3

3A1 Preliminary Draft Description of the Affected Environment 40 business days after close of EIS scoping period 3

3A2 Preliminary Draft Description of Environmental Impacts 60 business days after close of EIS scoping period 3

3A3 Preliminary Draft EIS 80 business days after close of EIS scoping period 3

3B1 Working Copy of the Draft EIS 20 business days from either (1) the receipt of NRCs final comments and resolution of comments from cooperating agencies (if applicable) on Preliminary Draft EIS, or (2) receipt of applicants responses to NRCs 1st round of safety RAIs, whichever is later.

3 3B3 Draft EIS 20 business days after conclusion of the Working Copy Draft EIS writing session (Subtask 3C2) 3 3B3 Revised final versions of Draft EIS As directed by NRC COR during NRC and cooperating agency internal and legal review of Draft EIS (see discussion in Subtask 3C3) 3 3B3 Camera ready Draft EIS Within 5 business days of final revisions to Draft EIS in response to NRC and cooperating agency (if any) internal and legal reviews 3

3D2 Draft Compilation of Comments and Responses 40 business days from receipt from NRC COR of final set of public comments on Draft EIS 3

3D3 Final Compilation of Comments and Responses 20 business days from receipt of the comments from NRC COR on the Draft Compilation of Comments and Responses 3

3E1 Draft Final EIS 40 business days from receipt of the comments from NRC COR on the Draft Compilation of Comments and Responses 3

3E3 Final EIS 15 business days after the completion of Final EIS writing session (Subtask 3E2) 3 3E3 Revised final versions of Final EIS As directed by NRC COR during NRC and cooperating agency internal pre-Final EIS issuance document review and concurrence period (see above) 3 3E3 Camera ready Final EIS Within 5 business days of final revisions to Final EIS in response to NRC and cooperating agency (if any) internal and legal reviews 5

Hearing Support As directed by NRC COR (based on direction from ASLBP)

24 8.

REQUIRED LABOR CATEGORIES (Except for Information Technology Services)

The Contractor shall ensure that the technical staff performing under this task order possess the necessary experience and expertise in the technical areas assigned to them. The NRC reserves the right to approve the Contractors Project Manager and the individual technical staff assigned to each task from the necessary technical disciplines. Resumes of the Contractors proposed Project Manager and technical staff in all discipline areas shall be submitted to the NRC as part of the Contractors proposal for this task order, and will be reviewed and assessed by the NRC COR as part of the proposal evaluation process.

The Contractors Project Manager shall have in-depth expertise in at least one of the significant issues for the EIS preliminarily identified by the NRC staff (i.e., transportation, public and occupational radiological health, socioeconomics, and environmental justice) and a general understanding of the range of issues covered by an EIS. In addition, the Contractors Project Manager shall have extensive experience in the technical and regulatory aspects necessary for evaluating the environmental impacts of the construction and operation of industrial facilities, including nuclear facilities that require reviews under NEPA, and shall have expertise in methods used to mitigate impacts on the environment.

The Contractors senior technical staff assigned to this task order shall have specialized experience to include a Bachelors Degree and at least 5 years of technical experience in conducting environmental reviews in the specific technical areas assigned or an advanced degree and experience reflecting continued achievement in their chosen profession, and shall have an appropriate combination of education, training, and experience in the areas required to complete the EIS, including land use, transportation, geology, minerals and soils, water resources (groundwater and surface water), ecological resources, climatology, meteorology and air quality, climate change, noise, historic and cultural resources, visual and scenic resources, socioeconomics, public and occupational health (non-radiological and radiological), accidents, waste management, environmental justice, cumulative impacts assessment, mitigation measures, environmental measurements and monitoring, and cost-benefit analysis, again with the most important of these areas preliminarily identified by the NRC staff as transportation, public and occupational radiological health, socioeconomics, and environmental justice. Additionally, the Contractors technical staff shall have a clear understanding of the depth of review generally required by the NRC for an EIS and specifically required by the type of activity proposed by the applicant for the disciplines they represent. Experience presenting technical information in written reports and providing written and oral testimony at adjudicatory hearings on the proposed license termination action also is required.

9.

GOVERNMENT-FURNISHED PROPERTY The COR will facilitate the Contractors access to PNNLs EARRTH SharePoint site.

The Comment Response Database is also found on the EARRTH website.

10. PERIOD OF PERFORMANCE Refer to Section F.1 TASK/DELVIERY ORDER PERIOD OF PERFORMANCE (SEP 2013)

11. PLACE OF PERFORMANCE

25 Except as otherwise indicated in Section 4 and Section 11.1 of this SOW, the work shall be performed at the Contractors facilities.

12. SPECIAL CONSIDERATIONS Include in this section, items such as the following as applicable:

12.1 Anticipated Meetings and Travel Throughout the task order period of performance, the Contractor shall maintain effective communication with the NRC COR and staff (and with cooperating agency staff, if any) to help coordinate and integrate EIS preparation with NRC and the cooperating agency (if any) technical and decision making activities. Several meetings between the Contractor and NRC staff throughout the duration of this task order are presently anticipated. Meetings are presently anticipated to be held at the NRC offices in Rockville, Maryland, but may alternately be held at the Contractors offices. The meetings will be held to review progress, provide input into the project, and work on project deliverables. The Contractors Project Manager shall meet with the NRC COR at the NRC offices in Rockville, Maryland, for planning meetings at the beginning of Tasks 1 and 2, and quarterly thereafter to discuss progress. At the NRC CORs discretion, some of these meetings may be held in the form of teleconferences or webinars. In addition to these meetings, the Contractors Project Manager shall participate in weekly (or more frequent, as necessary) telephone calls with the NRC COR to discuss the progress to date. During Task 3, travel to the WCS site vicinity shall be required for the EIS scoping meeting(s), site visit and information gathering meetings, and Draft EIS public meeting(s). Travel to the NRC Offices in Rockville, Maryland, shall also be required for the Draft and Final EIS Review Meetings (Writing Sessions). In addition, if necessary, the Contractor shall also attend meetings in Rockville, Maryland, to discuss RAIs with the NRC staff and ISP and for coordination with cooperation agencies (if any) on the EIS. During Task 5, travel shall be required for hearing support, for hearing preparation in Rockville, Maryland, and at an adjudicatory hearing to be held in the vicinity of the WCS site. Anticipated meetings and other activities requiring Contractor travel are summarized in Table 2 below.

Table 2. Anticipated Meetings and Travel Task Purpose Location Number of Trips Days per Trip Contractor Staff Members per Trip 1-2 Task Planning Meetings (Tasks 1 and 2)

Rockville, MD 2

3 2

3 Quarterly Progress Meetings Rockville, MD 6

3 2

3 EIS Scoping Meeting(s)

WCS site vicinity (Andrews Co., Texas) 2 5

6 3

Site Visit and Information Gathering Meetings WCS site vicinity (Andrews Co., Texas) 1 5

6 3

RAI Meetings Rockville, MD 1

3 2

3 Preliminary Draft EIS (Writing Session)

Rockville, MD 1

5 2

3 Working Copy Draft EIS (Writing Session)

Rockville, MD 1

5 2

3 Cooperating Agency Coordination (if needed)

Rockville, MD 2

3 2

26 Task Purpose Location Number of Trips Days per Trip Contractor Staff Members per Trip 5

Hearing Preparation Rockville, MD 1

4 4

12.2 SECURITY The work under this task order will be UNCLASSIFIED.

12.3 KEY PERSONNEL Refer to Section H.2 2052.215-70 KEY PERSONNEL (JAN 1993) 12.4 LICENSE FEE RECOVERY The EIS preparation work and the NHPA Section 106 work are fee-recoverable.

The Hearing Support work is not fee-recoverable.

12.5 DATA RIGHTS The NRC shall have unlimited rights to and ownership of all deliverables provided under this contract/order, 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/order 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 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. The definition of unlimited rights is contained in Federal Acquisition Regulation (FAR) 27.401, Definitions. FAR clause at FAR 52.227-14, Rights in Data-General, is hereby incorporated by reference and made a part of this contract/order.

12.6 QUALITY CONTROL PROGRAM The Contractors approach to quality control shall focus on project management and document production processes and tools that assure the quality of the deliverables and integrity of the environmental review process.

The Contractors project manager will serve as the focal point for coordinating the project activities and will be responsible for assuring the timely and high quality submittal of deliverables. All information shall be accurate and complete. The project management responsibilities include verifying quality requirements and deliverables specifications, responding satisfactorily and in a timely manner to feedback, and continuously improving products and services by communicating and applying lessons learned. The Contractors project manager shall also ensure that scientific and technical reports are developed in accordance with established practices for publishing scientific and technical information.

27 Project deliverables will be reviewed by someone other than the project manager to ensure that they are accurate and complete. Management approval is necessary for all final deliverables. Project-related off-normal events are identified, reported, corrected, and closed in a timely manner.

Document version control is critical to the document production process. The Contractor shall ensure that previous versions are kept so the Contractor will be able to return to any earlier version of a document and be able to track the changes and the basis for those changes.

Editorial review involves a complete review of the entire document by an editorial review team. The editorial review will help ensure that a coherent and complete story is being told in accordance with writing and format guidelines. The quality of the graphics is also evaluated to understand if these are legible or need to be improved.

SECTION D - Packaging and Marking D.1 BRANDING The Contractor is required to use the statement below in any publications, presentations, articles, products, or materials funded under this contract/order, to the extent practical, in order to provide NRC with recognition for its involvement in and contribution to the project. If the work performed is funded entirely with NRC funds, then the contractor must acknowledge that information in its documentation/presentation.

Work Supported by the U.S. Nuclear Regulatory Commission (NRC), Office of Nuclear Material Safety and Safeguards, under Contract number 31310018D0001/31310018F0126 (End of Clause)

D.2 PACKAGING AND MARKING (a) The Contractor shall package material for shipment to the NRC in such a manner that will ensure acceptance by common carrier and safe delivery at destination. Containers and closures shall comply with the Surface Transportation Board, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

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

(c) Additional packaging and/or marking requirements are as follows: Not Applicable.

(End of Clause)

28 SECTION E - Inspection and Acceptance E.1 INSPECTION AND ACCEPTANCE BY THE NRC (SEP 2013)

Inspection and acceptance of the deliverable items to be furnished hereunder shall be made by the NRC Contracting Officers Representative (COR) at the destination, in accordance with FAR 52.247 F.o.b. Destination.

(End of Clause)

29 SECTION F - Deliveries or Performance F.1 TASK/DELIVERY ORDER PERIOD OF PERFORMANCE (SEP 2013)

This task order shall commence on the effective date of the task order and will expire on September 30, 2019. The term of this task order may be extended at the option of the Government for additional Option Periods. If exercised Section I.8 Clause 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000) is applicable.

Base Period: September 30 2018 - September 29, 2019 Option Period(s):

Option Period 1 (CLIN 10001):

September 30, 2019 - March 29, 2020 Option Period 2 (CLIN 20001):

March 30, 2020 - March 29, 2021 Option CLIN 3 (CLIN 30001):

March 30, 2019 - September 29, 2019 Option CLIN 4 (CLIN 40001):

March 30, 2020 - March 29, 2021 (End of Clause)

F.2 PLACE OF DELIVERY-REPORTS The items to be furnished hereunder shall be delivered, with all charges paid by the Contractor, to:

a. Contracting Officer Representative:

Refer to Section G.1 CONTRACTING OFFICERS REPRESENTATIVE AUTHORITY

b. Contracting Officer (CO) (1 electronic copy):

(End of Clause)

30 SECTION G - Contract Administration Data G.1 CONTRACTING OFFICERS REPRESENTATIVE AUTHORITY a) The contracting officer's authorized representative hereinafter referred to as the COR for this contract is:

NRC COR:

Name:

James R. Park Address:

U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety and Safeguards Washington, DC 20555 Phone:

301-415-6954 E-mail:

James.Park@nrc.gov Alternate COR:

Name:

Diana Diaz-Torro Phone:

301-415-0930 E-mail:

Diana.Diaz-Toro@nrc.gov (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 or changes to specific travel identified in the Statement of Work), fills in details, or otherwise serves to accomplish the contractual statement of work.

(2) Provide advice and guidance to the contractor in the preparation of drawings, specifications, or technical portions of the work description.

(3) Review and, where required by the contract, approve technical reports, drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.

(c) Technical direction must be within the general statement of work stated in the contract. The 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.

31 (4) Changes any of the expressed terms, conditions, or specifications of the contract.

(5) Terminates the contract, settles any claim or dispute arising under the contract, or issues any unilateral directive whatever.

(d) All technical directions must be issued in writing by the project officer or must be confirmed by the 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 CORs authority under the provisions of this clause.

(f) If, in the opinion of the contractor, any instruction or direction issued by the COR is within one of the categories defined in paragraph (c) of this section, the contractor may not proceed but shall notify the contracting officer in writing within five (5) working days after the receipt of any instruction or direction and shall request that contracting officer to modify the contract accordingly. Upon receiving the notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor in writing that, in the contracting officer's opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause.

(g) Any unauthorized commitment or direction issued by the 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 to the instruction or direction is subject to 52.233 Disputes.

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

(End of Clause)

32 G.2 2052.215-78 TRAVEL APPROVALS AND REIMBURSEMENT - ALTERNATE 1 (OCT 1999)

(a) Total expenditure for travel may not exceed $60,888 (including all Option Periods and Option Tasks) without the prior approval of the contracting officer. The amount will increase upon (SWRI - Please fill out the Travel Table according to the CLIN structure displayed above)

Contractor Period Base Task OptionTask Amount Base Base

$22,262.00 Base Subtask 4A3

$0.00 Base Subtask 4A4

$0.00 Base Subtask 4A5

$0.00 Base Subtask 5A1

$14,085.00 Total Base

$36,347 Option Period 1

$27,060 Subtask 5A1 Option Period 2

$8,813 Total Travel for All Periods and All Tasks

$72,220 (b) All foreign travel must be approved in advance by the NRC on NRC Form 445, Request for Approval of Official Foreign Travel, and must be in compliance with FAR 52.247-63 Preference for U.S. Flag Air Carriers. The contractor shall submit NRC Form 445 to the NRC no later than 30 days prior to the commencement of travel.

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

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

(e) Reasonable travel costs for research and related activities performed at State and nonprofit institutions, in accordance with Section 12 of Pub. L. 100-679, must be charged in accordance with the contractor's institutional policy to the degree that the limitations of Office of

33 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.

34 SECTION H - Special Contract Requirements H.1 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, (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.

35 (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; (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

36 (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.

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

(End of Clause)

37 H.2 2052.215-70 KEY PERSONNEL. (JAN 1993)

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

Program Manager Principal Scientist

• 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)

38 H.3 ANNUAL AND FINAL CONTRACTOR PERFORMANCE EVALUATIONS Annual and final evaluations of contractor performance for this task order under this contract will be prepared in accordance with FAR Subpart 42.15, "Contractor Performance Information,"

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

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

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

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

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

(End of Clause)

39 OTHER CONTRACT CLAUSES The contractor must be mindful that all clauses are fully effective and applicable to this task order. Therefore the following clauses which are part of the basic award are hereby referenced:

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

H.12 DRUG FREE WORKPLACE TESTING: UNESCORTED ACCESS TO NUCLEAR FACILITIES, ACCESS TO CLASSIFIED INFORMATION OR SAFEGUARDS INFORMATION, OR PERFORMING IN SPECIAL SENSITIVE POSITIONS (OCT 2014)

H.26 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY LEVEL I OR LEVEL II ACCESS APPROVAL (JUL 2016)

40 SECTION J - List of Documents, Exhibits and Other Attachments Task Order

Attachment:

NRC Form 187 The following attachments were provided under the Base Contract and are applicable to this task order:

Template Contractor Spending Plan

Monthly Letter Status Report Instructions for Contracts and Orders

Billing Instructions Cost Reimbursement Type Contracts

Organizational Conflicts of Interest