ML18295A056

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Modification No. 004 to Task Order No. NRC-HQ-25-16-T-0001 Under Contract No. NRC-HQ-25-14-E-0002
ML18295A056
Person / Time
Issue date: 09/21/2018
From: Mary Thompson
Acquisition Management Division
To:
Energy Research
References
NRC-HQ-25-14-E-0002
Download: ML18295A056 (5)


Text

___________

(x)

NRC-HQ-25-16-T-0001 x NRC-HQ-25-14-E-0002 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

See Schedule 621211259 ENERGY RESEARCH INC NRCHQ WASHINGTON DC 20555-0001 MAIL STOP 3WFN-05-C64MP ACQUISITION MANAGEMENT DIVISION US NRC - HQ WASHINGTON DC 20555-0001 NRCHQ JEFFREY R MITCHELL MAIL STOP 3WFN-05-C64MP ACQUISITION MANAGEMENT DIVISION US NRC - HQ EWC NRO-18-0114 See Block 16C M0004 5

1

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.

is extended, Items 8 and 15, and returning Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS FACILITY CODE CODE 10B. DATED (SEE ITEM 13) 10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11) 9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)

CODE

6. ISSUED BY PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.
3. EFFECTIVE DATE
2. AMENDMENT/MODIFICATION NO.
5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 09/09/2016 6189 EXECUTIVE BLVD ROCKVILLE MD 208523901 Net Increase:

$50,000.00 CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT:

Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

FAR 52.232-22 Limitation of Funds; FAR 52.243-2 Changes-Cost Reimbursement x

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

X 1

The purposes of this modification are as follows:

1)Exercise Option CLINS 10001 AND 10002 and Obligate $50,000.00 in funding, thereby increasing the total exercised ceiling by $71,920.34, from 321,879.76 to $393,800.10, increasing total obligations from

$310,000.00 to $360,000.00, and extending the Task Order Period of Performance end-date from December 31, 2018 to December 31, 2019; 2) modifying the Export Controlled Information (ECI) clause that was Continued...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) 15A. NAME AND TITLE OF SIGNER (Type or print) 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED (Signature of person authorized to sign)

(Signature of Contracting Officer)

MARK THOMPSON STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243 Previous edition unusable Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect.

09/21/2018

ITEM NO.

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT NAME OF OFFEROR OR CONTRACTOR 2

5 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF ENERGY RESEARCH INC (A)

(B)

(C)

(D)

(E)

(F)

NRC-HQ-25-14-E-0002/NRC-HQ-25-16-T-0001/M0004 added to this task order as part of Modification M0001; and 3) change the Contracting Officer/Buyer from Jeffrey Mitchell to Mark Thompson.

Task Order Obligations: $360,000.00 (changed)

Task Order Exercised Ceiling: $393,800.10 (changed)

Period of Performance: 09/14/2016 - 12/31/2019 (Changed)

The changes are made on the continuation page as follows:

LIST OF CHANGES:

Reason for Modification: Exercise an Option Total Amount for this Modification: $0.00 New Total Amount for this Version: $393,800.10 New Total Amount for this Award: $393,800.10 Obligated Amount for this Modification: $50,000.00 New Total Obligated Amount for this Award:

$360,000.00 Incremental Funded Amount changed: from

$291,780.38 to $360,000.00 IPP Department ID changed to :

CHANGES FOR LINE ITEM NUMBER: 1 Total Amount changed from $303,660.14 to $371,509.52 Obligated Amount for this Modification: $45,929.04 Incremental Funded Amount changed from

$291,780.38 to $337,709.42 End Date changed from 31-DEC-18 to 31-DEC-19 FOB changed from Destination to Delivery Location Code: NRCHQ US NUCLEAR REGULATORY COMMISSION-MAIL PROCESSING CENTER 4930 BOILING BROOK PARKWAY ROCKVILLE MD 20852 USA Period of Performance: 09/14/2016 to 12/31/2018 NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

CONTRACT # NRC-HQ-25-14-E-0002 ORDER # NRC-HQ-25-16-T-0001 MODIFICATION NO. 4 ATTACHMENT NO. 1 1

The changes are made as follows:

1. Section B - Supplies Or Services And Price/Costs, Exercise Option CLINs 10001 and 10002. Thereby increasing the Total Estimated Cost of the Task Order by $71,920.34, from 321,879.76 to $393,800.10, and extending the Task Order Period of Performance from December 31, 2018 to December 31, 2019.

NRCB044, entitled CONSIDERATION AND OBLIGATION - INDEFINITE-QUANTITY CONTACT is deleted in its entirely and replaced with the following:

(a) The estimated total quantity of this contract for the products/services under this contract is

$393,800.10, of which the sum of represents the estimated reimbursable costs, and of which represents fixed fee.

(b) The Contracting Officer will obligate funds on each task order issued.

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

$360,000.00, of which the sum of represents the estimated reimbursable costs, and of which represents the fixed-fee.

2. In Section F - Deliveries or Performance, replace Clause NRCF030A PERIOD OF PERFORMANCE ALTERNATE 1 in its entirety, as follows:

This order (Base plus Option CLINS) shall commence on September 30, 2016 and will expire on December 31, 2019. (See FAR 52.216 Ordering).

Base Period (CLINS 00001 & 00002): September 14, 2016 through December 31, 2019.

3. Replace the ECI Clause added to this Task Order in Modification 0001 in its entirety with the new version of the clause included in.

All other terms and conditions remain unchanged.

CONTRACT # NRC-HQ-25-14-E-0002 ORDER # NRC-HQ-25-16-T-0001 MODIFICATION NO. 4 ATTACHMENT NO. 1 2

ATTACHMENT NO. 1 The purpose of this modification No. 4 is to update the clause containing the definition of Export Controlled Information, who can access ECI, and handling of ECI as it relates to the NuScale requirement. The predecessor clause is replaced in its entirety, as follows:

Definition and Handling of Export Controlled Information Definition of Export Controlled Information Export Controlled Information (ECI) is unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives, to include dual use items; items identified in export administration regulations, international traffic in arms regulations and the munitions list; license applications; and sensitive nuclear technology information.

ECI is a sub-category of Controlled Unclassified Information (CUI). ECI is defined in the CUI Registry, which is maintained by the National Archives, (https://www.archives.gov/cui/registry/category-list.). The CUI Registry itself resides in 32 CFR 2002 (https://ecfr.io/Title-32/cfr2002_main). Executive Order 13556 establishes the program for managing CUI and designates the National Archives as the Executive Agent for this program.

The program for managing CUI/ECI exists within the framework of a larger body of export control laws, regulations and directives that include but are not limited to: the Atomic Energy Act of 1954, as amended; the Arms Export Control Act (22 U.S.C. § 2751 et seq.); the Export Administration Act of 1979 as continued under the International Emergency Economic Powers Act (Title II of Pub.L.95-223, 91 Stat. 1626, October 28, 1977); Trading with the Enemy Act (50 U.S.C. App. 5(b) as amended by the Foreign Assistance Act of 1961); Assistance to Foreign Atomic Energy Activities (10 CFR part 810); Export and Import of Nuclear Equipment and Material (10 CFR part 110); International Traffic in Arms Regulations (22 CFR parts 120 through 130); Export Administration Regulations (15 CFR part 730 through 734); Foreign Assets Control Regulations (31 CFR parts 500 through 598); and the Espionage Act (37 U.S.C. 791 et seq.)

Who can access ECI?

All contractor personnel eligible to access ECI information must have either US Citizenship Status or Permanent Resident Alien status (i.e., Green Card holder status). Individuals having neither US Citizenship status nor Permanent Resident Alien status are ineligible to participate in the technical work of this contract or task order effort.

Handling of ECI:

If the contractor has any questions/concerns regarding handling of ECI material they should contact their cognizant Contracting Officers Representative (COR) for guidance.

ECI Processing

CONTRACT # NRC-HQ-25-14-E-0002 ORDER # NRC-HQ-25-16-T-0001 MODIFICATION NO. 4 ATTACHMENT NO. 1 3

(a) Electronic processing (including storage and transmission) of ECI shall only be performed on NRC equipment. The NRC-provided laptop will have the capability to connect to the NRC network using a Virtual Private Network along with the users valid NRC credentials. The NRC-provided laptop must remain in the continental United States at all times and must not be accessed by a foreign national (non-U.S. citizen).

(b) Electronic ECI must be encrypted when not in use.

(c) Electronic messaging regarding the ECI shall only be performed between the users NRC email account and an NRC email account of another person that has been determined to have a need-to-know the ECI.

(d) ECI must only be shared with individuals that have a need to know the information and must be verified to be a U.S. citizen (i.e., not a foreign national) or Permanent Resident Alien (Green Card holder).

(e) Printed ECI shall be controlled as follows:

(1) ECI must not be exposed in public environments (e.g., trains, airplanes) or to a foreign national.

(2) Physical storage of printed sensitive information must be in a locked cabinet or drawer when not under the physical control of the user.

(3) Physical transmission of ECI must only be performed using one of the following methods:

a. U.S. Postal Service: First Class Mail, Registered Mail, Express Mail, Certified Mail.
b. Hand-carried by any individual authorized access to the ECI. That individual shall retain the ECI in his or her possession to the maximum extent possible unless they place the document in the custody of another person authorized access to the ECI in question.
c. Approved commercial express carriers. Transmit in single opaque envelope.

(f) ECI must not be taken outside of the continental United States, regardless of whether it is in electronic or printed form.

(g) ECI must not be shown, discussed, shared, transmitted, or otherwise provided to any person without first verifying that they are either a U.S. citizen (e.g., foreign nationals cannot have access to ECI) or have Permanent Resident Alien status (Green Card holder).

(h) In the event that the contractor violates or fails to comply with these requirements, the contractor shall notify the designated contract or task order Contracting Officer, the designated contract or task order COR, and the IDIQ COR (if applicable) within three calendar days of the occurrence. Notification shall take the form of an e-mail containing information sufficient to describe the occurrence.

(i) NRC contractors shall ensure that their employees, subcontractor employees, and consultants who have been granted access to ECI comply with the requirements of this clause.

Failure to timely report the required information could result in revocation of IT-II Clearance status of contractor (or subcontractor) employee(s) and revocation of NRC system access; removal of contractor (or subcontractor) employee(s) from the contract or task order in question; termination of the contract or task order; as well as a negative CPARS evaluation.

(End of Clause)